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REPUBLIC OF VANUATU EDUCATION ACT NO. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 OF 2014 Arrangement of Sections PRELIMINARY PART 1 1 2 3 4 5 6 7 8 9 Purpose of the Act ........................................................................................ 5 Objects of the Act ........................................................................................ 5 Interpretation ................................................................................................ 6 Primary and secondary education ................................................................ 8 Government and non-government schools .................................................. 8 Language policy ........................................................................................... 9 Parental duty .............................................................................................. 10 Prohibition against discrimination ............................................................. 10 Religious instruction .................................................................................. 10 PART 2 FUNCTIONS AND POWERS OF THE MINISTER, DIRECTOR GENERAL, DIRECTORS AND PROVINCIAL EDUCATION OFFICERS 10 11 12 13 14 Functions and powers to be performed in accordance with this Act ......... 11 Functions and powers of the Minister ........................................................ 11 Functions and powers of the Director General .......................................... 11 Functions and powers of the Directors ...................................................... 12 Functions and powers of Provincial Education Officers ........................... 13 PART 3 REGISTRATION OF GOVERNMENT SCHOOLS AND NON-GOVERNMENT SCHOOLS 15 16 Requirements for registration of a school .................................................. 14 Registration of Schools .............................................................................. 15 PART 4 REGISTRATION OF KINDERGARTENS OR DAY CARE INSTITUTIONS 17 18 Registration of a kindergarten or day care institution ................................ 16 Requirements for registration of a kindergarten or day care institution ................................................................................................... 16 Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 1 19 20 21 22 23 24 Register of kindergartens and day care institutions ................................... 17 Functions of an operator of a kindergarten or a day care institution ......... 17 Reports ....................................................................................................... 18 Inspection and advisory services ............................................................... 18 Cancellation of registration of kindergartens or day care institutions ....... 19 Declaration of unsuitable person ............................................................... 20 PART 5 EDUCATION AUTHORITIES Division 1 Application 25 Application of Part ..................................................................................... 21 Division 2 Approval of Education Authorities 26 27 28 Operation of schools .................................................................................. 21 Application for approval to become an Education Authority .................... 21 Determination of applications .................................................................... 21 Division 3 Application for changes to school 29 30 Application of an Education Authority ...................................................... 22 Approval of applications under section 29 for new schools and relocation of schools .................................................................................. 23 Approval of other applications under section 29 ....................................... 23 31 Division 4 Cancellation and withdrawal of approval of Education Authorities 32 Cancellation of approval of Education Authority ...................................... 24 33 Withdrawal of approval of Education Authority ....................................... 26 Division 5 Other matters relating to Education Authorities 34 35 36 Functions of Education Authorities ........................................................... 26 Accounts | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
26 Accounts .................................................................................................... 26 Reports ....................................................................................................... 27 PART 6 NATIONAL SCHOOL SYSTEM Division 1 Funding for schools 37 38 39 40 41 42 Funding of Education Authorities .............................................................. 28 Funding of Provincial Education Boards ................................................... 28 Funding of Schools by the Government .................................................... 28 Grants Code ............................................................................................... 29 School fees ................................................................................................. 29 Accountability of school fees .................................................................... 30 Division 2 School Staffing Structure 43 44 45 Approval of school staffing structure ........................................................ 31 Variation of school staffing structures ....................................................... 31 Positions in schools .................................................................................... 32 Division 3 Administration and management of schools Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 2 Responsibilities of the principal ................................................................ 32 46 47 Discipline of students ................................................................................. 33 48 Medical examination of students ............................................................... 34 School councils .......................................................................................... 35 49 50 Student representative body ....................................................................... 36 Functions of a student representative body ................................................ 36 51 52 School community associations ................................................................. 36 School Based Management Unit ................................................................ 37 53 Functions of the School Based Management Unit ..................................... 37 54 Division 4 55 56 Cancellation of registration of schools Cancellation of registration of schools by Director General ..................... 39 Take over of schools .................................................................................. 40 PART 7 NATIONAL EDUCATION ADVISORY COUNCIL, NATIONAL CURRICULUM AND ASSESSMENT BOARD, NATIONAL SCHOLARSHIP AND TRAINING BOARD AND PROVINCIAL EDUCATION BOARDS Division1 National Education Advisory Council 57 Establishment and functions of the National Education Advisory Council ....................................................................................................... 41 58 Membership of the National Education Advisory Council ....................... 41 59 Establishment and functions of the Secretariat of the National Education Advisory Council ...................................................................... 42 Division 2 National Curriculum and Assessment Board 60 Establishment and membership of the National Curriculum and Assessment Board ...................................................................................... 43 | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
43 Assessment and examination function ....................................................... 43 Curriculum and syllabus functions ............................................................ 44 Establishment and functions of the Secretariat of the National Curriculum and Assessment Board............................................................ 45 61 62 63 Division 3 National Scholarship and Training Board 64 Establishment and membership of the National Scholarship and Training Board ........................................................................................... 46 Functions of the National Scholarship and Training Board ...................... 47 Seeking to influence decisions ................................................................... 48 Appeals ...................................................................................................... 48 Establishment of the Secretariat of the National Scholarship and Training Board ........................................................................................... 49 65 66 67 68 Division 4 Provincial Education Boards 69 70 71 Establishment and membership of the Provincial Education Boards ........ 49 Functions of the Provincial Education Boards .......................................... 50 Secretary and Accounts of Provincial Education Boards .......................... 51 Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 3 72 73 Reports ....................................................................................................... 51 Government schools – transitional arrangements ...................................... 52 Division 5 Administrative provisions 74 Administrative provisions .......................................................................... 52 PART 8 MISCELLANEOUS 75 76 77 78 79 80 81 82 83 School Registration Appeal Board ............................................................ 53 General Appeal Board ............................................................................... 54 Provisions in relation to proceedings of an Appeal Board ........................ 55 Representation at Appeal Board Hearings ................................................. 56 Attempt to influence Board ........................................................................ 57 Delegation of functions and powers .......................................................... 57 Regulations ................................................................................................ 57 Repeal of the Education Act and savings provision .................................. 58 Commencement ......................................................................................... 58 Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 4 REPUBLIC OF VANUATU Assent: Commencement: 19/06/2014 23/06/2014 EDUCATION ACT NO.
9 OF 2014 An Act to make provision for early childhood and care, primary and secondary education in Vanuatu, and for related purposes. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Be it enacted by the President and Parliament as follows- PART 1 PRELIMINARY Purpose of the Act 1 The purpose of this Act is to provide a clear directive for the development and maintenance of an effective and efficient early childhood and care, primary and secondary education system for the benefit of Vanuatu and its people. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Objects of the Act 2 The principal objects of this Act are as follows: (a) (b) to provide early childhood and care, primary and secondary education which is firmly based on Vanuatu cultures and beliefs; and to provide early childhood and care, primary and secondary education of a high standard to all children within the limits of available resources; and (c) to expand access to secondary education; and (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; and (e) to assist each child to achieve his or her full educational potential; and (f) (g) to provide education to children that gives them access to opportunities for training or employment, or further study; and to upgrade and strengthen the administration of the early childhood and care, primary and secondary education system. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 5 PART 1 PRELIMINARY Interpretation 3 In this Act, unless the contrary intention appears: approved form means a form approved by the Director General for use under this Act; day care institution means a place that provides a holistic and play-based program children aged from 0 to 3 years old; Department means the Department of Education; Director means a Director of the Department; Director General means the Director General of the Ministry responsible for education; early childhood and care, education means all child education and care programs and services for pre-primary education aged children including pre- schools and kindergartens; Education Authority means a person: (a) approved as an Education Authority under section 28; or (b) taken to be approved as an Education Authority under section 35. government grant means a grant from the Government to an Education Authority or a Provincial Education ; government school has the meaning given by subsection 5(2); kindergarten means any place that: (a) provides a holistic and play-based program for children aged from 3 to 6 years old; and (b) prepares the children for primary education; and (c) is given a regular basis for at least 10 students, but does not include any place that is operated by a church or other religious body to provide instructions wholly or mainly of a religious nature or is exempted by the regulations; Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 6 PART 1 PRELIMINARY Minister means the Minister responsible for education; Ministry means the Ministry responsible for education; national curriculum means the content of the syllabuses with supporting resources and the means it is delivered; non-government school has the meaning given by subsection 5(3); person includes any statutory body, company or association or body of persons corporate or unincorporated; 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; provincial finance officer means a person appointed by the Public Service Commission to be a provincial finance officer for the purposes of this Act; Province means a Provincial Government region as defined in the Decentralization Act [CAP 230]; Provincial Government Council means a Provincial Government Council established under the Decentralization Act [CAP 230]; Provincial Education Board means a Provincial Education Board established by subsection 69(1); Provincial Education Officer means a Provincial Education Officer referred to in section 14; Register means the Register of Schools kept under section 16; 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. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
school aged children means any child who is at least 6 years old and less than 14 years old in accordance with section 7; Education Act No.
9 of 2014 7 PART 1 PRELIMINARY secondary education means education referred to in subsection 4(2).
4 (1) (2) Primary and secondary education Primary education comprises years 1 to 6. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Secondary education comprises years 7 to 14 and can be divided into the following categories: (a) junior secondary comprising years 7 to 10; and (b) 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. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
5 (1) (2) (3) (4) (5) Government and non-government schools A school is either a government school or a non-government school.
A school is a government school if a Provincial Education Board is responsible for the operation of the school.
A school is a non-government school if an Education Authority is responsible for the operation of the school.
To avoid doubt, the level of funding a school receives does not affect whether it is a government school or a non-government school. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
The following kinds of schools may be operated by an Education Authority or a Provincial Education Board: (a) primary schools; and (b) junior secondary schools; and (c) senior secondary schools; and Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 8 PART 1 PRELIMINARY (d) (e) secondary schools providing both junior and senior secondary education; and schools providing both primary education and secondary education; and (f) single medium schools; and (g) dual medium schools; and (h) vocational secondary schools; and (i) (j) schools with boarding facilities; and schools for students with special needs. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(6) For the purpose of this section: single medium school means an English medium school or a French medium school established and operating in the same or separate location but within their own governance structure having their own school council and school community association; dual medium school means an English medium school and a French medium school established and operating in the same location with one governance structure having one school council and one school community association providing either primary or secondary education. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Language policy In accordance with Article 3(1) of the Constitution, the principal languages of education are English and French.
All students during their primary education are to be taught in either French or English.
All students who proceed to secondary education are to continue in their first language of instruction and are to begin the study of the other language of instruction. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
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.
6 (1) (2) (3) (4) Education Act No.
9 of 2014 9 PART 1 PRELIMINARY (5) 7 (1) (2) 8 (1) The Minister, acting on the advice of the Director General, may determine by Order that one or more specified subjects at a specified school or schools are to be taught to students in the local vernacular or Bislama. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Parental duty This section applies in relation to a child who is at least 6 years old and less than 14 years old.
It is the duty of the child’s parents to ensure that the child attends a kindergarten and school.
Prohibition against discrimination A child must not be: (a) refused admission to any school; or (b) treated less favourably, on account of his or her gender, religion, nationality, race, language or disability. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(2) Subject to subsection (5), a child must not be admitted to year 1 at a school unless he or she is: (a) at least 6 years old; or (b) will turn 6 years old on or before 31 May in that school year.
(3) (4) (5) Subject to subsection (5), a child must not be admitted to year 7 unless he or she is less than 12 years old.
Despite subsection (2) and (3), a child must not be discriminated against by or at a school on account of his or her age. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
The Provincial Education Boards and Education Authorities may determine circumstances where a child who has not met the requirements of subsection (2) and (3) may still be admitted into a school.
Religious instruction 9 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.
Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 10 PART 2 DIRECTORS AND PROVINCIAL EDUCATION OFFICERS FUNCTIONS AND POWERS OF THE MINISTER, DIRECTOR GENERAL, PART 2 FUNCTIONS AND POWERS OF THE MINISTER, DIRECTOR GENERAL, DIRECTORS AND PROVINCIAL EDUCATION OFFICERS 10 Functions and powers to be performed in accordance with this Act The Minister, the Director General, the Directors and the 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. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
11 (1) (2) (3) 12 (1) Functions and powers of the Minister The Minister has such functions and powers as are conferred on the Minister by this Act.
The Minister must, on behalf of the Government, enter into an agreement with each Education Authority for the management of the Authority’s schools. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
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.
Functions and powers of the Director General The Director General is responsible to the Minister for ensuring the Ministry carries out its functions in relation to early childhood and care, primary and secondary education. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(2) Without limiting subsection (1), the Director General is responsible for: (a) developing policies for early childhood and care, primary and secondary education for the Ministry for consideration by the Government; and (b) developing, managing and evaluating the early childhood and care, primary and secondary education system; and (c) ensuring that: (i) the early childhood and care, primary and secondary education system reflects Government policy; and (ii) the system is effectively and efficiently administered; and Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 11 PART 2 DIRECTORS AND PROVINCIAL EDUCATION OFFICERS FUNCTIONS AND POWERS OF THE MINISTER, DIRECTOR GENERAL, (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. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(3) The Director General may, in writing do all or any of the following: (a) make determinations for the purposes of improving the delivery of education services to students by schools and kindergartens; (b) issue guidelines for the purposes of this Act or the regulations.
A determination does not come into force unless the Minister has approved it in writing.
A determination or guideline that is inconsistent with the Act or the regulations is void and of no effect. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Determinations are statutory orders for the purposes of the Interpretation Act [CAP 132].
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.
The Director General has such other functions and powers as are conferred on him or her by this Act. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Functions and powers of the Directors The Directors are responsible to the Director General for ensuring the Department carries out its functions in relation to early childhood and care, primary and secondary education.
(4) (5) (6) (7) (8) 13 (1) (2) Without limiting subsection (1), the Directors are responsible for implementing: (a) the Government’s policies for early childhood and care, primary and secondary education; and Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 12 PART 2 DIRECTORS AND PROVINCIAL EDUCATION OFFICERS FUNCTIONS AND POWERS OF THE MINISTER, DIRECTOR GENERAL, (3) 14 (1) (2) (3) (4) (b) education practices that are consistent with those policies.
The Directors have such other functions and powers as are conferred on them by this Act.
Functions and powers of Provincial Education Officers The Public Service Commission is to appoint a Provincial Education Officer for each province. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
The Provincial Education Officer has the function of being responsible to the Directors for ensuring that the Department carries out its functions in that Province in relation to early childhood and care, primary and secondary education.
A Provincial Education Officer has such powers as are conferred on him or her by this Act. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
A person occupying the position of a Provincial Education Officer immediately before the commencement of this Act is to continue in that position on and after that commencement as if he or she had been appointed under subsection (1).
Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 13 PART 3 SCHOOLS REGISTRATION OF GOVERNMENT SCHOOLS AND NON-GOVERNMENT PART 3 REGISTRATION OF GOVERNMENT SCHOOLS AND NON-GOVERNMENT SCHOOLS 15 (1) Requirements for registration of a school The requirements for the registration of a school are: (a) (b) (c) (d) (e) (f) (g) to offer the minimum curriculum approved by the National Education Commission for a school of its kind; and to provide sufficient teaching staff with appropriate qualifications and experience; and 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 to provide and maintain classrooms and other buildings that are in good condition and that satisfy the prescribed standards; and to comply with reasonable standards of health and safety and any prescribed health and safety requirements; and 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 to comply with this Act, regulations and any determinations and guidelines issued by the Director General under subsection 12(3); and (h) such other requirements as may be prescribed. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(2) The application of subsection (1) must be flexible and fair in circumstances where a school is operating wholly or partially through: (a) distance, open learning or e-learning; or (b) a mode where students do not attend school on a day to day basis.
(3) The Director General must review the registration of a school at least once every year to ensure the requirements of this section are being met.
Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Education Act No.
9 of 2014 14 PART 3 SCHOOLS REGISTRATION OF GOVERNMENT SCHOOLS AND NON-GOVERNMENT 16 (1) (2) (3) Registration of Schools A person must not operate a school unless the school is registered.
A person who contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding VT 1,000,000.
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 electronic means. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(4) The Register is to contain the following information for each school: (a) the name and location of the school; and (b) the name of the Education Authority or Provincial Education Board operating the school; and (c) the level of education provided by the school; and (d) such other particulars as may be prescribed. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(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.
Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 15 PART 4 REGISTRATION OF KINDERGARTENS OR DAY CARE INSTITUTIONS PART 4 REGISTRATION OF KINDERGARTENS OR DAY CARE INSTITUTIONS 17 (1) (2) (3) (4) Registration of a kindergarten or day care institution A person, school or religious body must not operate a kindergarten or day care institution unless the Director General approves an application for registration under subsection (3); or A person may make an application to register a kindergarten or day care institution to the Director General in the prescribed form. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
The Director General may approve an application for registration if the kindergarten or day care institution meets the requirements of section 18.
If an application for registration is approved, the Director General is to issue a registration certificate for the relevant applicant.
(5) A registration certificate is issued for a period of 5 years.
(6) Before the expiration of the registration certificate, the Director General may attend the kindergarten concerned and monitor compliance with section 18. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(7) If the Director General is of the opinion that a kindergarten does not meet the requirements of section 18, he or she may: (a) refuse to issue a registration certificate; or (b) issue a registration certificate subject to such conditions as the Director General determines.
(8) (9) The Minister may prescribe by Order fees to be paid on application under subsection (2). | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
An operator of an existing kindergarten or day care institution, must within 12 months of commencement of this Act meet the necessary requirements under section 18 and register that kindergarten or day care institution under this section.
18 Requirements for registration of a kindergarten or day care institution The requirements for the registration of a kindergarten or day care institution are: Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 16 PART 4 REGISTRATION OF KINDERGARTENS OR DAY CARE INSTITUTIONS (a) (b) (c) to provide sufficient teaching and other staff with appropriate qualifications and experience; and to provide sufficient educational and play equipment and other materials; and to provide and maintain suitable classrooms and other buildings that are in good condition; and (d) to comply with reasonable standards of health and safety; and (e) 19 (1) (2) to comply with this Act, regulations and any determinations and guidelines issued by the Director General under subsection 12(3). | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Register of kindergartens and day care institutions The Director General is to keep a register known as the Register of kindergartens and day care institutions.
The register is to contain the following information for each kindergarten or day care institution: (a) (b) the name and location of the kindergarten or day care institution; and the name of the individual or organisation operating the kindergarten or day care institution; and (c) such other particulars that may be prescribed. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(3) The Director General must: (a) update the Register at least once a year; and (b) ensure that the Register is available for public inspection at the office of the Ministry by any person during the ordinary hours of business of that office.
(4) The Director General may supply a copy of the Register or part of the Register to a person, on payment of the prescribed fee. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Functions of an operator of a kindergarten or a day care institution 20 An operator of a kindergarten or day care institution has the following functions: Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 17 PART 4 REGISTRATION OF KINDERGARTENS OR DAY CARE INSTITUTIONS (a) (b) (c) 21 (1) (2) (3) 22 (1) to administer the kindergarten or day care institution in accordance with this Act, Regulations and any determinations and guidelines issued by the Director General under subsection 12(3); and to ensure that people with proper qualifications and experience are employed as teachers and other staff at the kindergarten or day care institution; and to provide such information and reports on the kindergarten or day care institution to the Director General as specified under section 21. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Reports An operator of a kindergarten or day care institution must, within 2 months after the end of each year, provide the Director General with a report relating to the administration of the kindergarten or day care institution for that year.
The Director General is to prescribe the form and content of the report referred to in subsection (1).
The operator must provide the Director General with any additional information he or she requests about a matter contained in a report. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Inspection and advisory services An officer authorised by the Director General may inspect a kindergarten or day care institution to determine whether: (a) (b) (c) (d) (e) the operator is operating the kindergarten or day care institution in accordance with the requirements of this Act; or the kindergarten or day care institution is being managed properly; or the kindergarten or day care institution premises and grounds are well maintained; or the kindergarten or day care institution complies with such other matters and conditions as may be specified by the Director General under subsection 17(7); or the kindergarten or day care institution is administered in accordance with the Regulations and any determinations and guidelines issued by the Director General under subsection 12(3). | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Education Act No.
9 of 2014 18 PART 4 REGISTRATION OF KINDERGARTENS OR DAY CARE INSTITUTIONS (2) (3) 23 (1) A person who obstructs an officer authorised by the Director General under subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding VT 500,000 or imprisonment for a term not exceeding 3 months, or both. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
An officer authorised by the Director General may provide advice to the operator and staff of a kindergarten or day care institution in relation to any of the matters specified in subsection (1). | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Cancellation of registration of kindergartens or day care institutions The Director General may cancel the registration of a kindergarten or day care institution if he or she is satisfied that: (a) (b) (c) (d) (e) (f) (g) the kindergarten or day care institution is operated in a way that is to the detriment of its staff or students; or the kindergarten or day care institution does not comply with the requirements for registration of a kindergarten under section 18; or the operator of the kindergarten or day care institution does not have sufficient money and facilities available for the satisfactory operation of the kindergarten; or the kindergarten or day care institution fails to comply with such other matters and conditions as may be specified by the Director General under subsection 17(5); or the operator cannot competently administer the kindergarten or day care institution; or it is not in the public interest to keep the kindergarten or day care institution open; or the kindergarten or day care institution is not being administered in accordance with this Act, Regulations and any determinations and guidelines issued by the Director General under subsection 12(3). | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(2) The Director General must give the operator of a kindergarten or day care institution, written notice of a proposed cancellation and allow at least 28 days from the date of service for submissions in writing to be made as to why the kindergarten or day care institution’s registration should not be cancelled.
Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Education Act No.
9 of 2014 19 PART 4 REGISTRATION OF KINDERGARTENS OR DAY CARE INSTITUTIONS (3) (4) (5) (6) (7) 24 (1) If the Director General determines that the continuing operation of a kindergarten or day care institution presents an unacceptable risk to the safety or welfare of staff or students, the Director General may order the kindergarten or day care institution to cease its operations. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
In deciding whether to cancel the registration of a kindergarten or day care institution, the Director General must take into account any submissions made by the operator.
The Director General must give the operator written notice of his or her decision within 28 days after making the decision.
The cancellation of the registration of a kindergarten or day care institution takes effect on the date specified in the notice. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
An operator may appeal to the School Registration Appeal Board against the decision of the Director General to cancel the registration of a kindergarten or day care institution. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Declaration of unsuitable person The Director General may declare a person to be an unsuitable person to operate or work in a kindergarten or day care institution if the person: (a) has been convicted of any offence with a maximum penalty of over 12 months; and (b) has been declared bankrupt; and (c) has no qualification in education and management; and (d) does not have 5 years of more experience in managing a school. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(2) A person who operates or works in a kindergarten or day care institution despite being declared an unsuitable person under this section is guilty of an offence punishable on conviction by a fine not exceeding VT1,000,000 or imprisonment for a term not exceeding 3 years or both.
(3) The person may appeal against a declaration made under this section to the School Registration Appeal Board.
Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Education Act No.
9 of 2014 20 PART 5 EDUCATION AUTHORITIES PART 5 EDUCATION AUTHORITIES Division 1 Application Application of Part 25 This Part applies only to non-government schools.
Division 2 Approval of Education Authorities 26 (1) (2) 27 (1) Operation of schools A person must not operate a school unless the person is an Education Authority.
A person who contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding VT 1,000,000. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Application for approval to become an Education Authority A person must apply to the Director General for approval as an Education Authority.
(2) The application must: (a) (b) be in the approved form and be accompanied by the prescribed fee; and set out the details of the school or schools the applicant intends to operate; and (3) 28 (1) (2) (c) contain such other information as may be prescribed. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
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.
Determination of applications The Director General must consult with the Minister before approving or refusing an application made under section 27. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
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 Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 21 PART 5 EDUCATION AUTHORITIES (b) (c) (d) (e) (f) the school or schools will operate for the benefit of the local community in that area; and the school or schools will comply with the requirements for registration of a school under section 15; and the proposed Education Authority has sufficient resources and facilities available for the satisfactory operation of the school or schools; and 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 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. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
The Director General may request such additional information as he or she may require from the applicant in order to determine the application.
The approval of an Education Authority may be given on such conditions as the Director General determines in writing.
The Director General must give the applicant written notice of his or her decision within 28 days after making the decision.
An applicant may appeal against the decision of the Director General to the General Appeal Board. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
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.
(3) (4) (5) (6) (7) Division 3 Application for changes to school 29 (1) Application of an Education Authority An Education Authority must apply to the Director General for approval: (a) to establish a new school; or Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 22 PART 5 EDUCATION AUTHORITIES (b) to relocate a school; or (c) to cancel the registration of a school and to close it; or (d) (e) to take over an existing school from another Education Authority; or to take over an existing school from a Provincial Education Board; or (f) to change the name of a school. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(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) (4) (5) (6) 30 The Director General must consult with the Minister and the relevant Provincial Education Officer before approving or rejecting an application. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
The Director General may request such additional information as he or she may require from the Education Authority in order to determine the application.
The Director General must give the Education Authority written notice of his or her decision within 28 days after making the decision.
An applicant may appeal against the decision of the Director General to the General Appeal Board. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Approval of applications under section 29 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 28(2).
31 (1) Approval of other applications under section 29 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: Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 23 PART 5 EDUCATION AUTHORITIES (a) there is no longer a need for the school in the area concerned; or (b) (c) the school does not comply with the requirements for registration of a school under section 15; or the Education Authority does not have sufficient resources and facilities available for the satisfactory operation of the school. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(2) The Director General is to approve an application by an Education Authority to take over a school from another Education Authority only if he or she is satisfied that: (a) both Authorities have agreed to the takeover; and (b) (c) the takeover will operate for the benefit of the local community; and the Education Authority proposing to take over the school can competently administer the school. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(3) The Director General may approve an application by an Education Authority to take over a school from a Provincial Education Board if he or she is satisfied that: (a) both the Authority and the Board agree to the take over; and (b) (c) the take over will operate to the benefit of the local community; and the Education Authority proposing to take over the school can competently administer the school. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(4) 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 32 (1) Cancellation of approval of Education Authority After consultation with the Minister, the Director General may cancel the approval of an Education Authority if he or she is satisfied that: Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
9 of 2014 24 PART 5 EDUCATION AUTHORITIES (a) (b) (c) the Authority has operated its schools in a careless and irresponsible way to the detriment of staff and students; or the Authority does not have sufficient resources and facilities available for the satisfactory operation of its schools; or 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. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
The Director General must give the Education Authority written notice of the proposed cancellation and allow the Authority at least 28 days to make submissions in writing to him or her as to why the approval should not be cancelled.
In deciding whether to cancel the approval of an Education Authority, the Director General must take into account any submissions made to him or her by the Education Authority. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
The Director General must give the Education Authority written notice of his or her decision within 28 days after making the decision. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
In making a decision to cancel the approval of an Education Authority, the Director General must, by Order, close the Authority’s schools or: (a) take over 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. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
An Education Authority may appeal against the decision of the Director General to cancel its approval to the General Appeal Board.
To avoid doubt, no compensation is payable by the Government to any person in respect of an order made under this section.
(2) (3) (4) (5) (6) (7) Education Act No.
9 of 2014 25 PART 5 EDUCATION AUTHORITIES 33 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. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(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 over 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. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(3) To avoid doubt, no compensation is payable by the Government to any person in respect of an Order made under this section. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Division 5 Other matters relating to Education Authorities Functions of Education Authorities 34 An Education Authority has the following functions: (a) (b) (c) (d) 35 (1) to administer its schools in accordance with the requirements of this Act and the regulations; and to ensure that the syllabuses and curriculums for each of its schools comply with the requirements determined by the National Education Commission; and to ensure that people with proper qualifications and experience are employed as teachers and other staff at its schools; and to provide such information and reports on its schools to the Director General as he or she may request in writing. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Accounts An Education Authority must: (a) keep proper accounting records in relation to its financial affairs (including receipt and expenditure of government grants under section 37); and Education Act No.
9 of 2014 26 PART 5 EDUCATION AUTHORITIES (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 Director General. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(3) An Education Authority must make its accounts and supporting records available upon the request of auditors from the Ministry.
(4) A person who: (a) (b) fails to make all relevant accounts and supporting records available upon a request made under subsection (3); or obstructs an auditor from the Ministry in auditing a school’s accounts, is guilty of an offence punishable on conviction by a fine not exceeding VT 500,000 or imprisonment for a term not exceeding three months, or both. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Reports 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.
The report must include a detailed financial return showing all income and expenditure for the Education Authority and each school administered by it.
The Director General may determine the form and content of the report referred to in subsection (1). | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
The Education Authority must provide the Director General with any additional information which he or she may request about a matter contained in a report.
36 (1) (2) (3) (4) (5) An Education Authority that fails to comply with this section is guilty of an offence punishable, on conviction, by a fine not exceeding VT500,000.
Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Education Act No.
9 of 2014 27 PART 6 NATIONAL SCHOOL SYSTEM PART 6 NATIONAL SCHOOL SYSTEM Division 1 Funding for schools 37 (1) (2) (3) Funding of Education Authorities 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.
An Education Authority must spend the monies received by way of any government grants in accordance with the funding agreement. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
The funding provided to an Education Authority by way of government grants is not intended to cover the total operating costs of the Authority.
(4) An Education Authority may receive funding from other sources.
(5) (6) (7) An Education Authority must provide the Director General with accurate details of the total amount of funding received, broken down into the separate sources of that funding. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Nothing in this section requires the Minister on behalf of the Government to enter into funding agreements with all Education Authorities.
Some Education Authorities may want to be financially independent, and not require funding by way of government grants.
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. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Funding of Provincial Education Boards 38 All Provincial Education Boards are to receive funding by way of grants from the Government.
39 (1) Funding of Schools by the Government The Government may provide funding to all: (a) government schools; and (b) non-government schools administered by an Education Authority that has entered into an agreement with the Minister on behalf of the Government, annually by way of grant.
Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Education Act No.
9 of 2014 28 PART 6 NATIONAL SCHOOL SYSTEM (2) (3) (4) (5) (6) 40 (1) (2) (3) (4) (5) 41 (1) Schools must spend the monies received under subsection (1) in accordance with the Grants Code under section 40.
Schools may receive funding from other sources, for example donations and school fund raising activities. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
The Principal for each school is responsible for the proper management of the schools funds by ensuring that accurate and up to date financial records of all school income and expenditure are kept.
Education Authorities and Provincial Education Boards must ensure proper financial records are kept for each of their schools.
The Director General may determine the form and content of the financial records required to be kept by schools under this section. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Grants Code 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.
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.
A Grants Code that has been approved by the Minister must be published in the Gazette. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
An Education Authority that fails to comply with any provision of a Grants Code is guilty of an offence punishable on conviction by a fine not exceeding VT500,000.
For the purpose of this section, Grants Code means a documented set of rules or conditions that all schools which receive government funding are expected to comply with in the way they spend and account for that funding. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
School fees Subject to subsection (9), 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; and Education Act No.
9 of 2014 29 PART 6 NATIONAL SCHOOL SYSTEM (b) boarding; and (c) provision of books and other materials; and (d) any other facilities or services provided to students. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
(2) An Education Authority or a Provincial Education Board must not charge fees at any of its schools that are in excess of 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.
Subsections (1) and (2) do not apply to any non-government schools which do not receive funding from the Government. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
Despite subsection (4), the Minister may by Order prescribe fees for non- government schools which do not receive funding from the Government upon consultation with the appropriate stakeholders.
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. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
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.
Before taking action under subsection (7), a principal must use reasonable efforts to reach an acceptable arrangement in relation to payment of the fees so the student can continue to attend school. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
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.
Accountability of school fees The principal of a school is responsible for the collection of fees payable for any matter mentioned in subsection 41(1).
(4) (5) (6) (7) (8) (9) 42 (1) Education Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577118809.pdf | https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf |
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