rangement of Provisions
1. Short Title and
Commencement
2. Interpretation
3. Establishment of the
Samoa Qualifications
Authority (SQA)
4. Functions of the
Authority
5. Powers of the Authority
6. Board of Members
7. Deputies of Members
8. Remuneration of
Members
9. Meetings of the Board
10. Chief Executive Officer
11. Delegation
12. Board may establish
Committees
13. Disclosure of Interest
14. Appointment of Employees
of the Authority
15. Provisions for existing
Employees of the Ministry
16. Revenues of the Authority
and fees
17. Financial Year
18. Accounts, Audit and
Annual Report
19. Protection from Liability
20. Exemption from Taxation
21. Regulations


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2006, No. 5

AN ACT to establish the Samoa Qualifications Authority
and to prescribe its functions, powers and duties.
[3rd
March 2006]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

18 Samoa Qualifications Authority Act 2006, No.5

1. Short Title and Commencement-(1) This Act may be
cited as the Samoa Qualifications Authority Act 2006.
(2) This Act commences on the date of assent by the Head
of State.
(3) Notice of commencement of this Act or any part or
section thereof shall be published in Samoan and English in the
Savali and one other newspaper circulating in Samoa.

2. Interpretation-(1) In this Act, unless the context
otherwise requires-
“Authority” means the Samoa Qualifications Authority
established under section 3;
“Board” means the Board of members established under
section 6;
“Chief Executive Officer” means the Chief Executive
Officer of the Authority established under section 10;
“Government” means the Government of the Independent
State of Samoa;
“Minister” means the Minister responsible for Education
from time to time;
“Ministry” means the Ministry responsible for Education
from time to time;
“Samoa” means the Independent State of Samoa.
(2) Any reference in this Act to an enactment is, unless the
context otherwise requires, a reference to that enactment as
amended, extended, re-enacted, or applied by or under any
other enactment, including this Act.

3. Establishment of the Samoa Qualifications Authority
(SQA)-(1) There is established a statutory body called the
“Samoa Qualifications Authority” or by its acronym. “SQA”,
which shall have the functions and powers conferred on it
under this Act.
(2) The Authority shall -
(a) Have perpetual succession and a common seal;
(b) Be capable of suing and being sued in its corporate
name;
2006, No.5 Samoa Qualifications Authority Act 19

(c) Be capable of entering into contracts, acquire, hold
and dispose of real and personal property and be
capable of doing all such other acts and things
as bodies corporate may lawfully do;
(d) Be capable of exercising all such authorities and
powers as shall be necessary or expedient for the
due administration of this Act.
(3) The Chief Executive Officer shall have custody of the
common seal. which shall only be affixed to a document
pursuant to a resolution of the Board, and which shall be
attested to by the signature of the Chairperson of the Board and
one other member or in the absence of the Chairperson by a
member nominated by the Board and one other member.

4. Functions of the Authority-(1) The functions of the
Authority are to:
(a) Provide policy advice to Government on strategies
and priorities for post-school education and
training;
(b) Monitor and report to Government and the
post-school education sector, on the activities,
resourcing, and overall performance of the post-
school education sector in relation to national
strategic goals for economic social and cultural
development;
(c) Provide advice to Government and the post-school
education sector on findings and implications
arising from research, monitoring or evaluation
conducted by the Authority or other agencies,
bodies or persons;
(d) Coordinate and strengthen all post-school education
and training, so as to better focus the post-school
education sector on national development goals
and to promote and develop articulation among
programmes;
(e) Promote links and learning pathways between the
school sector and the post-school education and
training sector, and offer career advisory
services;
20 Samoa Qualifications Authority Act 2006, No.5

(f) Develop partnerships between stakeholders in
business, industry, professional, non-
government and community organisations and
post-school education and training institutions;
(g) Work with national stakeholder groups to ensure
standards and training requirements are
established, in particular for trade, technician
and professional occupations;
(h) Determine a national qualifications structure for
Samoa, including the definition of terms to
ensure and maintain the national and
international credibility of qualifications and the
good standing of post-school education and
training institutions;
(i) Develop criteria and processes for the registration of
all providers of post-school education and
training;
(j) Develop criteria and processes for the accreditation
and quality audit of all post-school education
and training providers;
(k) Promote quality in community-based education and
training programmes;
(1) Develop criteria and processes to support quality
improvement throughout post-school education
and training;
(m) Work collaboratively with all post-school
institutions, in particular to verify that they are
using quality management policies and
processes that ensure qualifications meet or
exceed international standards, and that their
programmes align with national priorities;
(n) Work with overseas government agencies and other
institutions to recognise overseas qualifications
in Samoa and to achieve international
recognition for qualifications awarded in Samoa;
(o) Provide assurance that post-school education and
training in Samoa maintains international
comparability; and

2006, No.5 Samoa Qualifications Authority Act 21

(p) Perform any other function conferred on the
Authority by this or any other Act, or requested
by the Government from time to time.
(2) The Authority, may consult with any other relevant
person or body, in carrying out its functions.

5. Powers of the Authority-(1) The Authority shall have
such powers as necessary or incidental to the proper
performance of its functions.
(2) Without prejudice to the generality of the provisions of
subsection (1), and in addition to any other powers provided for
by this Act, the Authority shall have the following powers -
(a) To purchase, lease, sub-lease or otherwise acquire
and hold any property, whether movable or
immovable, required for the carrying out of its
functions and dispose of any such property no
longer required for such purposes;
(b) To develop its land or other property and erect and
maintain buildings or other structures;
(c) To purchase, rent. or erect houses for the use of its
employees;
(d) To enter into any contract with any person for the
supply to or by it of any goods or services;
(e) To pay any expenses it has properly incurred;
(f) To produce, publish, issue, circulate and distribute,
whether for payment or otherwise, in papers,
electronic or magnetic form such reports, papers,
periodicals or other information as may be
conducive to the carrying out of its functions;
(g) To provide training schemes, with the cooperation
of such other persons or bodies as the Authority
thinks fit, for its employees or other persons
concerned with carrying out its functions;
(h) To utilize its property, whether movable or
immovable, in such manner as it thinks fit,
including the raising of loans by using such
property as security for such loans;
22 Samoa Qualifications Authority Act 2006, No.5

(i) Establish pension schemes or other welfare schemes
for the benefit of its employees in accordance
with government policy; and
(j) To do all things which may be incidental to any of
its powers and functions.

6. Board of Members-(1) The Authority shall be
administered by a Board of members, comprising nine
members including the Chairperson, who shall be responsible
for the policy and general governance of the Authority.
(2) The Board shall consist of:
(a) One person appointed by the Minister to be the
Chairperson;
(b) The Chief Executive Officer responsible for
Education from time to time;
(c) The Chief Executive Officer responsible for Labour
from time to time;
(d) The Chief Executive Officer responsible for
Women, Community and Social Development
from time to time:
(e) The President of the Samoa Association of
Manufacturers and Exporters; and
(f) The President of the Samoa Chamber of Commerce
and Industry:
(g) One person appointed by the Minister to represent
the National University of Samoa;
(h) One person appointed by the Minister to represent
the Non-Government Schools and institutions;
and
(i) The Chief Executive Officer of the Authority.
(3) Any person appointed a member pursuant to subsection
(2) (a), (g) and (h) shall:
(a) Be removed from office by the Minister for
disability, inefficiency bankruptcy, neglect of
duty misconduct or permanent departure from
Samoa;


2006, No.5 Samoa Qualifications Authority Act 23

(b) Subject to paragraph (a), hold office for a period of
three years and may be eligible for re-
appointment; and
(c) Be entitled to resign from office by delivering a
written notice to that effect to the Minister.
(4) The Board may co-opt any person to assist it at any of
its meetings, provided that such co-opted person shall not have
the right to vote at any Board meeting.

7. Deputies of Members-(l) If any member of the Board
is temporarily incapacitated for any sufficient cause from
attending a meeting of the Board, such member, other than the
Chairperson, may authorise a senior officer from their Ministry,
agency, firm or corporation, as the case may be, to attend that
meeting as the deputy of such member.
(2) Any deputy whilst acting as such, shall be deemed to be
a member of the Board.
(3) The appointment of any deputy member, and any act
done by the deputy as a Board member shall:
(a) Not be questioned in any proceedings on the ground
that the occasion for the deputy’s appointment
had not arisen or had ceased;
(b) Not be a ground to invalidate the decisions of the
Authority made during any meeting at which
such deputy was purporting to act as appointed.

8. Remuneration of Members - Members and deputy
members of the Board shall be paid such remuneration, sitting
allowance, travelling and other expenses as may from time to
time be fixed by Cabinet.

9. Meetings of the Board-(1) The Chairperson may call
meetings of the Board as often as may be required at such times
and such places as the Chairperson shall from time to time
determine provided that:
(a) The Board shall meet at least once every two
months;
24 Samoa Qualifications Authority Act 2006, No.5

(b) Upon the written request of at least two other
members of the Board, the Chief Executive
Officer shall call a meeting of the Board at a
date not more than 14 days after receipt of the
request.
(2) The quorum at all meetings of the Board shall be 5
members.
(3) Any matters arising at a meeting of the Board shall be
decided by a simple majority of the members present and
voting, and in the case of an equality of votes, the Chairperson
shall have a casting vote.
(4) All orders and directions of the Board shall be given
under the hand of the Chief Executive Officer or, in the Chief
Executive Officer’s absence by a member specifically
authorized and appointed by the Board.
(5) The Board shall keep proper minutes of its proceedings.
(6) Every meeting of the Board shall be presided over by
the Chairperson, or in the Chairperson’s absence, by a member
elected by the Board to chair the meeting.

10. Chief Executive Officer-(1) Subject to the provisions
of any Government policies as may be in effect from time to
time, the Board, having obtained the approval of Cabinet, may
appoint a Chief Executive Officer of the Authority on such
terms and conditions as it deems fit.
(2) The Chief Executive Officer shall be the Chief
Executive Officer of the Authority and shall in addition
perform such other functions and exercise such other powers as
are from time to lime conferred by this or any other Act or
regulation.
(3) The Chief Executive Officer may, with the approval of
the Board, delegate the performance of any of the Chief
Executive Officer’s functions or the exercise of any of the
Chief Executive Officer’s powers to an employee of the
Authority.
(4) The Chief Executive Officer may be removed or
suspended from office by the Board for sufficient cause and
shall be eligible for re-appointment upon the expiry of the term
of appointment.
2006, No.5 Samoa Qualifications Authority Act 25

(5) In the event of incapacity, absence, removal or
suspension from office of the Chief Executive Officer, the
Board shall appoint another person to act as Acting Chief
Executive Officer under this Act until the Chief Executive
Officer is appointed or resumes office.

11. Delegation-(1) The Board may, either generally or as
otherwise provided by the instrument of delegation under its
common seal, delegate to the Chief Executive Officer or to one
of its members, any of its powers and the powers of the
Authority under this Act, other than this power of delegation.
(2) Where a power of delegation under subsection (1)
relates to the grant of a licence or certificate, the Chief
Executive Officer shall not issue such licence or certificate
except in accordance with the terms of the delegation,
instructions, guidelines or conditions imposed by the Board.
(3) A power delegated under subsection (1) shall, when
exercised by the Chief Executive Officer, be deemed to have
been exercised by the Authority.
(4) A delegation under this section does not prevent the
exercise of any power by the Board.
(5) A delegation under this section is revocable at the will
of the Board.

12. Board may establish Committees-(l) The Board may
establish special committees and may refer to any such
committee any matters for consideration, inquiry or
management.
(2) The Board may by special resolution at any of its
meetings adopt written rules of procedure for such committees.

13. Disclosure of Interest-(1) A member of the Board who
has any direct or indirect personal or pecuniary interest in any
matter coming before the Board shall, on each and every
occasion on which the matter comes before the Board, and as
soon as possible after the relevant facts have come to the
member's knowledge, declare their interest in the matter.
26 Samoa Qualifications Authority Act 2006, No.5

(2) Subject to subsection (3), a disclosure under subsection
(1) shall be recorded in the minutes of the meeting of the Board
and the member shall not -
(a) Be present during any deliberation of the Board
with respect to that matter; and
(b) Take part in any deliberations or vote of the Board
with respect to that matter.
(3) Where as a result of the operation of subsection (2) the
Board is unable to maintain a quorum to determine a matter, the
Board member or members affected, after complying with
subsection (1), may take part in any deliberations of the Board
with respect to the matter and may vote on the matter and the
minutes of the meeting of the Board shall record the reason for
the affected member’s or members’ participation in any
deliberations and vote.

14. Appointment of Employees of the Authority-(1)
Subject to the provisions of Government policy as may be in
effect from time to time, the Authority may appoint, at such
remuneration and upon such terms and conditions as it thinks
fit such employees, agents, advisers or consultants as it thinks
necessary for the proper and efficient discharge of its functions
and may dismiss any such employee, agent, adviser or
consultant as the Authority determines.
(2) The Authority may make rules for regulating the terms
of service, discipline and training of all persons employed by or
acting on behalf of the Authority.
(3) The employees and other persons acting on behalf of
the Authority shall be responsible to and under the control of
the Chief Executive Officer.

15. Provisions for Existing Employees of the
Ministry-(1) Upon the commencement of this Act, every
employee of the Ministry who is connected to carrying out the
functions of the Authority and who is nominated by the
Minister in writing, shall:
2006, No.5 Samoa Qualifications Authority Act 27

(a) Continue to be employed by the Authority on such
terms and conditions as may be mutually agreed
upon by such employee and the Authority prior
to the coming into force of this Act; or
(b) May retire or be retired from service on such terms
as may be determined in accordance with law.

16. Revenues of the Authority and fees-(1) The
revenues of the Authority shall consist of:
(a) Such fees, charges and penalties payable under this
or any other Act or regulation as may be
assigned to the Authority by that Act or
regulation;
(b) Such grants as may from time to time be provided
to it by the Government;
(c) Such other funds as may properly accrue to the
Authority from any other source.
(2) Consistent with any policy of the Government and any
applicable law, the Authority may invest any of its monies that
are not immediately required for the discharge of its functions.
(3) The Authority may charge a fee in respect of costs
reasonably incurred in the performance of its duties under this
or any other Act.

17. Financial Year - The financial year of the Authority
shall begin on the 1st day of July of each year and shall end on
the 30th
day of June of the following year, except that the first
financial year of the Authority shall begin on the date of the
commencement of this Act and shall end on the following 30th

day of June.

18. Accounts and Annual Reports-(1) The Authority
shall cause to be kept proper accounts and records of the
transactions and affairs of the Authority and shall do all things
necessary to ensure that:
(a) All funds received are brought to account;
(b) All payments are properly authorised and correctly
made and accounted for; and
28 Samoa Qualifications Authority Act 2006, No.5

(c) There are adequate controls over the Authority’s;
(i) assets;
(ii) property under the Authority’s
control;
(iii) expenditure; and
(iv) liabilities.
(2) The Authority shall be subject to the provisions of the
Public Finance Management Act 2001 and for this purpose,
despite the provisions of such Act, the funds received by the
Authority shall be deemed public money and the assets and
property of the Authority shall be deemed public property.
(3) The Authority shall cause to be prepared and submitted
to the Minister, within six (6) months after the end of the
financial year of the Authority, an annual report containing:
(a) Financial statements for the financial year;
(b) Performance indicators and such information as
may be directed by the Minister of Finance;
(c) A report on the operations of the Authority during
the preceding financial year; and
(d) Such other information as Cabinet may require.
(4) The financial statements referred to in subsection (3)
shall be prepared and shall consist of:
(a) A statement of financial transactions of the
Authority for the financial year;
(b) A statement of the financial position of the
Authority at the end of the financial year; and
(c) Proper and adequate notes to the financial
statements.
(5) The financial statements referred to in subsection (3)
shall:
(a) Present fairly the financial transactions of the
Authority during the financial year to which they
relate; and
(b) Present fairly the financial position of the Authority
at the end of the financial year.
(6) The Authority shall, within four (4) months after the
end of each financial year, cause to be submitted to the
Controller and Chief Auditor for audit the financial statements
and other information required under this section.
2006, No.5 Samoa Qualifications Authority Act 29

(7) The Minister shall table the annual report of the
Authority together with the Controller and Chief Auditor’s
report on the Authority’s financial statements before Parliament
within 14 sittings days of receiving the Controller and Chief
Auditor’s audit report.

19. Protection from Liability-(1) No action shall lie
against the Government, the Minister, the Authority, the Chief
Executive Officer or any board member, employee or agent of
the Authority or any person acting pursuant to any authority
conferred by the Authority or the Chief Executive Officer, as
the case may be, in respect of any act or matter done or omitted
to be done in good faith in the exercise or purported exercise of
their respective functions conferred by or under this Act or any
regulations made thereunder.
(2) The legal costs of defending any action instituted
against the Minister, the Chief Executive Officer or any board
member, employee or agent of the Authority or any person
acting pursuant to any authority conferred by the Authority or
the Chief Executive Officer, as the case may be, may be borne
by the Authority.

20. Exemption from Taxation - For the purposes of the
Income Tax Act 1974, the Authority is deemed an institution
established exclusively for charitable purposes and, as such, the
income of the Authority shall be exempt from taxation.

21. Regulations-(1) The Head of State, acting on the
advice of Cabinet, may from time to time, make such
regulations as are necessary or convenient for the purpose of
carrying out or giving full effect to the provisions of this Act.
(2) Without limiting the generality of subsection (1),
regulations may be made for the purposes of:
(a) Prescribing forms for certificates, licences, notices,
approval or any other manner under this Act;
(b) Prescribing the fees payable and the rate at which
such fees are to be calculated, and providing for
the recovery and application of such fees, in
respect of any matter under this Act; and
30 Samoa Qualifications Authority Act 2006, No.5

(c) Creating offences and penalties for breaches of
those offences up to a maximum of 100 penalty
units.
(3) The Authority shall use the forms prescribed under
subsection (2), but nothing in this section shall prevent the
Authority from using or requiring the use of forms approved by
the Board, where no applicable form has been prescribed.


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The Samoa Qualifications Authority Act 2006 is administered in
the Ministry of Education, Sports and Culture