rangement of Provisions

PART I
PRELIMINARY

1. Short title and
commencement
2. Interpretation

PART II
THE AUTHORITY

3. Continuation of the Samoa
Qualifications Authority
(SQA)
4. Functions of the Authority
5. Powers of the Authority

PART III
THE BOARD
6. Board Members
7. Deputies of Members
8. Remuneration of Members
9. Meetings of the Board
10. Disclosure of interest
11. Board may establish
Committees
12. Delegation
PART IV
CHIEF EXECUTIVE
OFFICER AND STAFF

13. Chief Executive Officer
14. Appointment of employees
of the Authority

PART V
SAMOA QUALIFICATIONS
FRAMEWORK

15. Samoa Qualifications
Framework
16. Registration of
Qualifications
17. Record of achievement

PART VI
PROVIDER REGISTRATION

18. Application for registration
as a provider
19. Grant, refusal and
cancellation of an application
for registration as a provider.


2 Samoa Qualifications Authority 2010, No. 9
20. Application for registration
to be mandatory in certain
cases

PART VII
PROGRAMME
ACCREDITATION

21. Accreditation of programs
22. Only registered providers to
provide accredited programs

PART VIII
PROTECTED TERMS

23. Applications for consent for
use of protected terms

PART IX
QUALITY AUDIT

24. Authority to conduct quality
audit
25. Compliance notice
PART X
FINANCES

26. Revenues and fees of the
Authority
27. Financial Year
28. Accounts, audit and Annual
Report
29. Exemption from Taxation

PART XI
MISCELLANEOUS

30. Authority to obtain
information
31. Power to approve forms
32. Research
33. Evidence
34. Application for Government
funds by providers
35. Appeal
36. Protection from liability
37. Regulations
38. Repeal
39. Savings and Transitionals

__________

2010, No. 9

AN ACT to establish the Samoa Qualifications Authority, to
prescribe its functions, powers and duties and matters
incidental thereto. [7th
April 2010]

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



2010, No. 9 Samoa Qualifications Authority 3

PART I
PRELIMINARY
1. Short title and commencement-(1) This Act may be
cited as the Samoa Qualifications Authority Act 2010.
(2) This Act commences on the date of assent by the Head
of State.
2. Interpretation - In this Act, unless the context otherwise
requires:
“accredited programme” means an education or training
programme accredited by the Authority under this Act;
“accreditation” means a prescribed process through which
the Authority endorses an education or training provider
to offer Post School Education and Training (PSET)
programmes, and includes but is not limited to an
evaluation process which assesses the general
capabilities of a provider in providing support for a
specified programme and ensures that the programme is
delivered or is to be delivered in a manner that is
effective, efficient and to the required standard or level
as approved by the Authority;
“Authority” means the Samoa Qualifications Authority
continued under section 3;
“Board” means the Board established under section 6;
“Chief Executive Officer” or “CEO” means the Chief
Executive Officer of the Authority appointed under
section 13;
“developer of national qualifications” means any person or
organisation that is approved by the Authority to be a
developer of national qualifications;
“formal Post School Education and Training provider”
means a Post School Education and Training provider
which falls into one (1) or more of the following
categories:
(a) provides an education or training programme that
leads to a qualification registered under the
Samoa Qualifications Framework;
(b) receives or applies for funding from the Government
or from any other donor through the Government
in respect of any of the provider’s education and


4 Samoa Qualifications Authority 2010, No. 9

training programmes designed to meet the
requirement of qualifications;
(c) uses or wishes to use a protected term in the name of
the provider or in the names of any of the
courses, programmes or qualifications that the
provider provides;
(d) enrols foreign students for a period, of more than two
(2) months, in the aggregate, in a calendar year
in any of the education and training programmes
the provider provides;
(e) is a Samoa-based provider providing programmes or
courses in Samoa through cross-border
arrangements such as cooperative, joint,
twinning or franchising arrangements with a
foreign-based provider; or
(f) is a provider based in a foreign country that wishes
to provide education and training programmes in
Samoa.
“Government” means the Government of the Independent
State of Samoa;
“Government fund” includes funds received or is disbursed
through the Government from any aid donor;
“guidelines” in relation to sections 19 and 21 means a list of
requirements or set of instructions approved by the
Authority which need to be met or achieved by a
provider in order to have its programmes accredited or
for registration of it as a provider, as the case may be,
under this Act;
“information” in relation to section 30, means any
document, whether electronic or otherwise relating to
the operation of the provider and includes but is not
limited to records of qualifications awarded by the
provider for any given period of its operation;
“learning activity” means any structured process of
instruction required to be undertaken by a person in
order to achieve or obtain a learning outcome;
“learning outcome” means any competency or end
knowledge or skill achieved by a person as a result of an
education and/or training activity;


2010, No. 9 Samoa Qualifications Authority 5

“non-formal Post School Education and Training provider”
means a Post School Education and Training provider
that is not a formal Post School Education and Training
provider;
“Minister” means the Minister responsible for Education
from time to time;
“organisation” means an incorporated or unincorporated
body of persons sharing a common goal, and includes
an institution;
“Post School Education and Training” or its acronym
“PSET” means all forms of education and training
activities that occur outside of the school system
utilising any structured mode of delivery;
“programme” means a coherent set of courses, modules,
papers or units designed to meet the requirements of a
qualification;
“protected term” means a term protected under section 23 of
this Act;
“provider” means an organisation or person that intends to
offer or is offering Post School Education and Training
(PSET) in Samoa;
“qualification” means a formal certification that a person
has successfully achieved all learning outcomes and/or
competencies relevant to identified individual,
professional, workplace or community needs;
“quality assurance” and “quality assured” in relation to a
qualification, programme or learning activity, means
that a qualification, programme or learning activity, is
recognised by the Authority as achieving the Authority’s
approved criteria and standards for registration or
recognition of the qualification, programme or learning
activity, under this Act;
“record of achievement” means a record required to be kept
by the Authority under section 17(1);
“registered” means registered under the provisions of this
Act;
“registered qualification” means a qualification registered
under the provisions of this Act;


6 Samoa Qualifications Authority 2010, No. 9

“registered provider” means an organisation that is
registered to provide Post School Education and
Training (PSET) services under this Act;
“repealed Act” means the Samoa Qualifications Authority
Act 2006 repealed by this Act;
“requisite fee” means a fee determined by the Authority
under section 26(3);
“Samoa Qualifications Framework” or “SQF” means the
Samoa Qualifications Framework established under
Part V of this Act.

PART II
THE AUTHORITY

3. Continuation of the Samoa Qualifications Authority
(SQA)-(1) The Samoa Qualifications Authority established
under the repealed Act is continued under the name of the
Samoa Qualifications Authority, and shall have the powers,
functions and administrative arrangements provided for by this
Act.
(2) Every member, agent or employee of the Samoa
Qualifications Authority established under the repealed Act
shall, without further authority than this Act, be deemed to have
been appointed as a member, agent or employee of the Samoa
Qualifications Authority under this Act in the position held by
the member, agent or employee in the Samoa Qualifications
Authority as at the commencement of this Act and may resign,
be removed or dismissed in accordance with the provisions of
this Act.
(3) The Authority shall:
(a) have perpetual succession and a common seal;
(b) be capable of suing and being sued in its corporate
name;
(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; or
(d) be capable of exercising all such authorities and
powers as shall be necessary or expedient for the
due administration of this Act.


2010, No. 9 Samoa Qualifications Authority 7

(4) 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 or,
in the absence of the Chairperson, by a member nominated by
the Board.
(5) For the purposes of the Public Bodies (Performance and
Accountability) Act 2001, the Samoa Qualifications Authority
is to be regarded as a Public Beneficial Body.

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 (PSET);
(b) monitor and report to Government and the Post
School Education and Training (PSET) sector,
on the activities, resourcing, and overall
performance of the Post School Education and
Training (PSET) sector in relation to national
strategic goals for economic, social and cultural
development;
(c) provide advice to Government and the Post School
Education and Training (PSET) sector on
findings and implications arising from research,
monitoring or evaluation conducted by the
Authority or other agencies, bodies or persons;
(d) regulate qualifications and quality standards for all
the Post School Education and Training (PSET)
providers in Samoa;
(e) co-ordinate and strengthen all the Post School
Education and Training (PSET), so as to better
focus the Post School Education and Training
(PSET) sector on national development goals
and to promote and develop articulation among
programmes;
(f) promote links and learning pathways between the
school sector and the Post School Education and
Training (PSET) sector, and offer career
advisory services;


8 Samoa Qualifications Authority 2010, No. 9

(g) develop and facilitate partnerships between
stakeholders in business, industry, professional,
non-government and community organisations
and the Post School Education and Training
(PSET) organisations;
(h) work with national stakeholder groups to ensure
standards and training requirements are
established, in particular for trade, technician and
professional occupations;
(i) 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 the Post School Education and
Training (PSET) organisations;
(j) develop criteria and processes for the registration of
all providers of the Post School Education and
Training (PSET);
(k) develop criteria and processes for the accreditation
and quality audit of all Post School Education
and Training (PSET) providers;
(l) promote quality assurance in non-formal education
and training programmes;
(m) work collaboratively with all the Post School
Education and Training (PSET) providers, 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
organisations 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 (PSET) in Samoa maintains
international comparability;


2010, No. 9 Samoa Qualifications Authority 9

(p) coordinate and conduct registration of providers,
accreditation of providers, programmes,
registration of qualifications, and quality audit of
providers and to maintain appropriate registers to
this effect; or
(q) 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;


10 Samoa Qualifications Authority 2010, No. 9

(h) to utilise 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;
(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.

PART III
THE BOARD

6. Board Members-(1) The Authority shall be administered
by a Board comprising of nine (9) 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 (1) person appointed by the Minister upon the
advice of the Board to be the Chairperson;
(b) the Chief Executive Officer of the Ministry
responsible for Education;
(c) the Chief Executive Officer of the Ministry
responsible for Labour;
(d) the Chief Executive Officer of the Ministry
responsible for Women, Community and Social
Development;
(e) the President of the Samoa Association of
Manufacturers and Exporters from;
(f) the President of the Samoa Chamber of Commerce
and Industry;
(g) the Vice Chancellor and President of the National
University of Samoa;
(h) one (1) person appointed by the Minister to represent
non-Government Schools and providers; and
(i) the Chief Executive Officer of the Authority.
(3) Any person appointed a member pursuant to subsection
(2)(a) and (h) shall:
(a) be removed from office by the Minister for
disability, inefficiency, bankruptcy, neglect of


2010, No. 9 Samoa Qualifications Authority 11

duty, failing to attend a meeting of the Board
in three (3) consecutive meetings without
reasonable cause, misconduct or permanent
departure from Samoa;
(b) subject to paragraph (a), hold office for a period of
three (3) years and may be eligible for
reappointment; and
(c) be entitled to resign from office by delivering a
written notice to that effect to the Minister.
(4) The Board may invite any person to assist it at any of its
meetings, provided that such invited person shall not have the
right to vote at any Board meeting.
(5) Where there is a vacancy for any reason in the position
of the Chairperson of the Board, the Board shall appoint a
person who shall act as the Chairperson of the Board until such
time as the Minister has appointed a new Chairperson under
subsection (2)(a).
(6) From 1 July 2010:
(a) no Member of Parliament, public servant or
constitutional officer shall be a member or be re-
appointed as a member of the Board unless
Cabinet has certified that such appointment or re-
appointment is necessary; and -
(i) in the national interest; and
(ii) that the member of Parliament, public
servant or constitutional officer, as the case
may be has particular qualifications or
business experience which the Authority
requires on its Board and such qualifications
or business experience cannot be found
elsewhere; and
(b) where a member of Parliament, public servant or
constitutional officer is appointed or re-
appointed under this section that person shall not
receive remuneration or other benefits from the
Authority for services as a member of the Board.

7. Deputies of Members-(1) 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


12 Samoa Qualifications Authority 2010, No. 9

Chairperson, may authorise a senior officer from his or her
Ministry, agency, firm, society 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 ceased;
(b) not be a ground to invalidate the decisions of the
Authority made during any meeting at which
such deputy was purported to have acted as
appointed.

8. Remuneration of Members - Members and deputy
members of the Board shall be paid such remuneration, sitting
allowance, traveling 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 (2)
months;
(b) upon the written request of at least two (2) 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 that
request.
(2) The quorum at all meetings of the Board shall be at least
five (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.


2010, No. 9 Samoa Qualifications Authority 13

(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
authorised 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 Chairpersons absence, by a member
elected on a simple majority vote by members of the Board
present at such meeting to chair the meeting.

10. 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 his or her interest in the matter.
(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.

11. 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.



14 Samoa Qualifications Authority 2010, No. 9

12. 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 (1) of its members, any of its powers and the powers of the
Authority under this Act, other than the powers under section 13
and 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.

PART IV
CHIEF EXECUTIVE OFFICER AND STAFF

13. Chief Executive Officer-(1) The Chief Executive
Officer shall be appointed by the Head of State acting on the
advice of Cabinet.
(2) Cabinet may consider a recommendation made by the
Board on the appointment of the Chief Executive Officer.
(3) The Board may recommend to Cabinet a suitable person
to be appointed as the Chief Executive Officer.
(4) 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 to him or
her conferred by this or any other Act.
(5) 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.


2010, No. 9 Samoa Qualifications Authority 15

(6) The Chief Executive Officer may be removed or
suspended from office by Cabinet on the recommendation of the
Board for sufficient cause and shall be eligible for re-
appointment upon the expiry of the term of appointment.
(7) 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.

14. Appointment of employees of the Authority-(l)
Subject to the provisions of Government policy, 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 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.

PART V
SAMOA QUALIFICATIONS FRAMEWORK

15. Samoa Qualifications Framework-(1) The Samoa
Qualifications Framework is established.
(2) The Samoa Qualifications Framework is a classification
structure indicating the levels and types of quality assured
qualifications which may fall into categories as may be
prescribed by regulations.

16. Registration of Qualifications-(1) Subject to
subsection (2), any provider or developer of qualifications may
apply to the Authority to register a qualification.


16 Samoa Qualifications Authority 2010, No. 9

(2) Despite subsection (1), any provider or developer of
national qualifications must apply to the Authority for
registration of its national qualifications on the Samoa
Qualifications Framework.
(3) The Authority may register a qualification where it is
satisfied that the prescribed standards and criteria for registering
the qualification have been satisfied and who has paid the
requisite fee.
(4) The Authority shall establish and maintain a record of all
qualifications obtained, achieved or offered in Samoa through
the Post School Education and Training (PSET) providers.
(5) It shall be an offence for any person or provider to:
(a) provide any information misrepresenting the
purpose, title, outcomes or level of a
qualification registered by the Authority;
(b) falsely or fraudulently claim, whether verbally or in
writing, that a qualification has been registered
by the Authority under this section; or
(c) knowingly fail to apply for registration on the Samoa
Qualifications Framework under this Part when
required to do so under subsection (2).
(6) Any person or provider who commits an offence under
subsection (5) and upon conviction shall be liable to pay a fine
not exceeding 100 penalty units and 10 penalty units for every
day that the offence continues.

17. Record of achievement-(1) The Authority shall
establish and maintain a record, whether electronic or otherwise
of:
(a) registered qualifications, whether whole or sub
components of such qualification; and
(b) achieved learning outcomes or competencies of
learning activities that have been quality assured
by the Authority,
obtained or achieved by any person in Samoa.
(2) The Authority may, upon being satisfied that it is
appropriate to do so in the circumstances, and having received
the requisite fee, issue a confirmation relating to a record of
achievement upon request by any person.


2010, No. 9 Samoa Qualifications Authority 17

(3) Any person who:
(a) without lawful cause tampers with the record of
achievement kept by the Authority under this
Act; or
(b) without lawful cause tampers with a record of
achievement certificate issued by the Authority
under this Act so as to mislead or provide
fraudulent information relating to a qualification
awarded to a person,
shall be guilty of an offence and upon conviction shall be liable
to a fine not exceeding 50 penalty units.

PART VI
PROVIDER REGISTRATION
18. Application for registration as a provider-(1) The
governing body of an organisation, whether established inside
or outside Samoa, may apply to the Authority for registration of
the organisation as a formal Post School Education and Training
(PSET) provider for the purposes of this Act.
(2) An application for the renewal of registration shall be
made annually by the governing body of an organisation which
is granted registration under this Act.
(3) An application under this section for registration of the
organisation shall be:
(a) in the form; and
(b) accompanied by the approved fee,
as may be determined by the Authority.
(4) Despite anything in this Act, any provider providing
formal Post School Education and Training (PSET) prior to this
Act coming into force shall be deemed to be registered under
this Act but only for the first 12 months from the date of
commencement of this Act.
(5) The Authority shall maintain a register of all providers
of the Post School Education and Training (PSET) for the
purposes of this Act.
19. Grant, refusal and cancellation of an application for
registration as a provider-(1) The Authority may subject to
subsection (3) grant or refuse an application for registration of a


18 Samoa Qualifications Authority 2010, No. 9

provider following consideration by it of standards, criteria,
processes and fees applicable to the granting or refusal of an
application for registration under this Act.
(2) Despite anything in this Act, the Authority may cancel
the registration of a provider where it considers that such
cancellation is in accordance with the prescribed criteria and
processes required under this Act.
(3) Despite subsection (1), the Authority has the power
where it considers it appropriate, instead of refusing an
application for registration, provide appropriate guidelines to
the affected provider to comply with the prescribed criteria and
standards to allow them to be granted registration under this
Act.

20. Application for registration to be mandatory in
certain cases-(1) Despite anything in this Act, any provider
must apply for registration and comply with quality standards if
such provider falls into one (1) or more of the following
categories:
(a) provides an education or training programme that
leads to a qualification registered under the
Samoa Qualifications Framework;
(b) receives or applies for funding from the Government
or from any other donor through the Government
in respect of any of the provider’s education and
training programmes designed to meet the
requirements of qualifications;
(c) uses or wishes to use a protected term in the name of
the provider or in the names of any of the
courses, programmes or qualifications that the
provider provides;
(d) enrols foreign students for a period, of more than
two (2) months, in the aggregate, in a calendar
year in any of the education and training
programmes the provider provides;
(e) is a Samoa-based provider providing programmes or
courses in Samoa through cross-border
arrangements such as cooperative, joint,
twinning or franchising arrangements with a
foreign-based provider; or


2010, No. 9 Samoa Qualifications Authority 19

(f) is a provider based in a foreign country that wishes
to provide education and training programmes in
Samoa.
(2) Every registration required under this section shall be
made annually thereafter.
(3) Any provider that fails to register as required under this
section commits an offence and shall be liable to a fine not
exceeding 1,000 penalty units upon conviction, and 100 penalty
units for each day that the offence continues.

PART VII
PROGRAMME ACCREDITATION

21. Accreditation of programme-(1) A provider may
apply to the Authority for the accreditation of its programme.
(2) Subject to subsection (4) the Authority may grant or
refuse accreditation of the programme and impose such
conditions as may be determined by the Authority from time to
time.
(3) An application under this section shall be in the form
and accompanied by a fee as may be determined by the
Authority from time to time.
(4) Despite subsection (2), the Authority has the power
where it considers it appropriate, instead of refusing an
application for the accreditation of a programme, provide
guidelines approved by the Authority to the affected provider to
comply with the prescribed standards and criteria to allow their
application to be assessed for accreditation of its programme.
(5) Any person or organisation that fraudulently or falsely
claims that they offer, provide, or undertake a programme that
is accredited by the Authority commits an offence and shall be
liable to a fine not exceeding 10,000 penalty units upon
conviction, and 100 penalty units for each day that the offence
continues.

22. Only registered providers to provide accredited
programmes-(1) A provider shall not provide an accredited
programme unless it is a registered provider.


20 Samoa Qualifications Authority 2010, No. 9

(2) Any person who contravenes the provisions of
subsection (1) commits an offence and shall be liable to a fine
not exceeding 100 penalty units upon conviction, and 10
penalty units for each day that the offence continues.

PART VIII
PROTECTED TERMS
23. Applications for consent for use of protected
terms-(1) Subject to subsection (2), a registered provider must
apply to the Authority for its consent to use the term “degree”,
“bachelor degree”, “doctoral or doctorate degree”, “masters
degree”, “University”, “Samoa”, “Samoan” or “National”,
including translations of these terms in the vernacular, where
the provider intends:
(a) to use such words for the purpose of naming the
provider; or
(b) to use such words for the purpose of naming a
qualification to be awarded by the provider.
(2) Despite subsection (1), where a provider is established
by an Act of Parliament, such provider shall not be required to
seek a consent for the purpose of naming the provider under this
section.
(3) The Authority may, upon receipt of an application under
subsection (1) and the requisite fee, grant, withdraw or suspend
the Authority’s consent in a manner consistent with prescribed
criteria and processes.
(4) Any person or provider who contravenes the provisions
of subsection (1), commits an offence and shall be liable to a
penalty not exceeding 10,000 penalty units, and 100 penalty
units for every day that the offence continues.

PART IX
QUALITY AUDIT

24. Authority to conduct quality audit-(1) The Authority
shall evaluate a provider’s effectiveness against the Authority’s
quality standards and criteria and monitor that such provider
continues to comply with prescribed standards and criteria.


2010, No. 9 Samoa Qualifications Authority 21

(2) Any costs incurred by the Authority for carrying out a
quality audit under subsection (1) shall be borne by the provider
and shall be a debt owing to the Authority where the provider
fails to make payment within two (2) months of the audit being
completed.

25. Compliance notice-(1) The Authority may, issue a
compliance notice to a provider where the Authority is satisfied
that the provider is not complying with any prescribed
requirements for maintaining its registration status and
accreditation of its programmes.
(2) Despite anything in this Act, but subject to section 35,
the Authority may cancel or suspend the accreditation of
programmes, the registration of qualifications, or the
registration of a provider where that provider does not comply
with a compliance notice.
(3) Nothing in this section shall prohibit the right of a
provider to re-apply for registration or re-accreditation of its
programmes, once registration or accreditation requirements
have been complied with.

PART X
FINANCES

26. Revenues and fees of the Authority-(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 from time to time determine by
Notice issued in the Savali:
(a) the types of fees payable;


22 Samoa Qualifications Authority 2010, No. 9

(b) the rate at which such fees are to be calculated; and
(c) the amounts of such fees,
in respect of any matter under this Act.

27. 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.

28. Accounts, audit and Annual Reports-(l) 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
(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;


2010, No. 9 Samoa Qualifications Authority 23

(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.
(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.

29. Exemption from Taxation - The income of the
Authority shall wholly be exempted from taxation.

PART XI
MISCELLANEOUS

30. Authority to obtain information-(1) Subject to
subsection (2), every person or provider shall provide
information to the Authority relating to a person or provider
where the Authority so directs by giving notice in writing.
(2) The powers conferred by subsection (1) of this section
may be exercised only where the obtaining of the information or
documents is necessary for the purposes of the performance of
the functions of the Authority.
(3) Despite anything in this Act, every formal Post School
Education and Training (PSET) provider registered under this
Act, must on an annual basis and no later than the 28th
day of
February of each year; submit all information prescribed by
regulations throughout the previous year to the Authority.


24 Samoa Qualifications Authority 2010, No. 9

(4) Any person who obtains any information for the
Authority under this provision shall take every reasonable step
to ensure that such information is kept in such manner to ensure
that the contents of the information are kept confidential and
used only for the purposes of performing the functions of the
Authority.
(5) Any person or provider who contravenes the provisions
of this section commits an offence and shall be liable to a fine
not exceeding 100 penalty units and 10 penalty units, for each
day that the offence continues.

31. Power to approve forms - The Authority may approve,
amend, or replace the form for any application, certificate,
licence, notice, agreement or any other document required
under this Act.

32. Research - The Authority has power to carry out
research activities it considers relevant for the performance of
its functions.

33. Evidence - A certificate signed by the Chief Executive
Officer purporting to record a determination, resolution or
decision of the Authority is evidence of the making of that
determination, resolution or decision by the Authority.

34. Application for Government funds by providers-(1)
Every provider applying for Government funds for a
programme or training relating to Post School Education and
Training (PSET) shall consult with the Authority.
(2) Where the Authority considers it appropriate to do so in
the circumstances, the Authority may enter into an agreement
with a provider, whether formal or non-formal, before giving its
approval for any application for Government Funds under this
section.
(3) No Government funds shall be granted to any provider
seeking funding unless the application for funding is endorsed
in writing by the Authority.



2010, No. 9 Samoa Qualifications Authority 25

35. Appeal-(1) Subject to subsection (7), a provider who
has cause to believe that the provider has not received a fair
decision relating to the registration, accreditation or audit of it
by the Authority, may apply in writing to the Minister for a
review of that decision within 14 days of receipt of that decision
and copy such application to the Attorney General.
(2) Where an application is made under subsection (1), the
Minister shall appoint an appeals committee:
(a) which shall comprise of a panel of three (3)
members;
(b) who are not staff or board members of the Authority;
and
(c) have knowledge and experience relating to quality
assurance of the Post School Education and
Training (PSET),
to consider the application.
(3) The Minister shall appoint a chairperson from the panel
of three (3) members appointed under subsection (2).
(4) The appeals committee appointed under subsection (2)
shall have all the powers of a Commission of Inquiry pursuant
to the Commissions of Inquiry Act 1964 in order to carry out
the review.
(5) The Attorney General may appoint Counsel to assist the
appeals committee and such Counsel shall be referred to as
“Counsel Assisting the Appeals Committee”.
(6) The appeals committee shall report to the Minister, its
recommendation within a month of being duly appointed, and
the Minister shall make a decision based on that
recommendation.
(7) Where an applicant is dissatisfied with the decision of
the Minister, the applicant may appeal the decision to the
Supreme Court for a review of that decision within 21 days of
receiving the Minister’s decision.
(8) Despite anything in this section, the Minister shall not
consider an appeal unless the Minister has received written
notice from the Board of the Authority that all attempts to settle
the matter in accordance with prescribed regulations have
failed.


26 Samoa Qualifications Authority 2010, No. 9

36. 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.

37. 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 the criteria, timeframes for registration,
annual registration and processes required for the
granting, refusal or canceling of the registration
of the Post School Education and Training
(PSET) provider under this Act;
(b) prescribing the manner of keeping any register
and maintaining the Samoa Qualifications
Framework established under this Act;
(c) prescribing the criteria and process required for the
accreditation of programmes of the Post School
Education and Training (PSET) required under
this Act and such conditions and processes as
may apply to the granting, suspension or
withdrawal of such accreditation by the
Authority;
(d) prescribing the processes required for maintaining
the record of achievement;


2010, No. 9 Samoa Qualifications Authority 27

(e) prescribing the criteria and review process required
for the registration of a qualification;
(f) prescribing the criteria, timeframe and process
required for the granting, suspension and/or
withdrawal of consent by the Authority of the
use of protected terms and symbols, including
the Authority’s common seal, logos and such
other signs as may be protected under this Act;
(g) prescribing the process required for the issuing of
directions and notices required for obtaining
information from persons or providers under the
provisions of this Act;
(h) prescribing the process required for the issuing of a
compliance notice under the provisions of this
Act, the forms and timeframes required and the
sanctions that will apply for failure of a person or
provider to adhere to a compliance notice;
(i) prescribing processes for the review and appeal of
decisions of the Authority;
(j) prescribing the required process for undertaking
audits;
(k) prescribing lists or types of information required to
be provided by providers on an annual basis;
(l) prescribing categories of the different levels and
types of qualifications on the Samoa
Qualifications Framework; or
(m) creating offences and penalties for breaches of those
offences up to a maximum of 100 penalty units.

38. Repeal - The Samoa Qualifications Authority Act 2006
is repealed.

39. Savings and Transitional-(1) All references in law or
any document or act of authority to the Samoa Qualifications
Authority shall be read as referring to the Authority unless the
context otherwise requires.
(2) Any authorisation, registration, appointment, approval,
cancellation, suspension, condition, declaration, petition,
permit, prohibition, exemption, order, advice, direction or act
of authority under or concerning the Samoa Qualifications



28 Samoa Qualifications Authority 2010, No. 9

Authority Act 2006, so far as they are subsisting or in force at
the time of the repeal of such Act, shall continue and have effect
under the corresponding provisions of this Act until such time
as they are altered, amended or cancelled, as the case may
require, under the provisions of this Act and, where there is any
question or concern as to what is a corresponding provisions of
this Act, the Minister by notice in writing may for all purposes
declare a provision of this Act to be a corresponding provision.
(3) Despite the provisions of this Act, all applications and
other matters arising out of or under the provisions of Samoa
Qualifications Authority Act 2006 which are not determined or
otherwise dealt with under such provisions at the date of the
commencement of this Act shall be determined or otherwise
dealt with under the corresponding provisions of this Act with
such modifications, adaptations and alterations as the Minister
may determine in writing from time to time.
(4) Every advisory body or committee existing at the time
of the commencement of this Act relating to the Samoa
Qualifications Authority Act 2006 shall be deemed to be an
advisory body or committee established by the Minister under
the corresponding provisions of this Act.
(5) Despite the provisions of this Act, where this Act does
not provide or provides insufficient or inadequate provision for
the transition from the Samoa Qualifications Authority Act
2006, the Minister, by notice published in Samoan and English
in the Savali, may make such provisions as the Minister deems
necessary in order for all matters under the Samoa
Qualifications Authority Act 2006 to be properly and
effectively determined or otherwise dealt with under the
provisions of this Act.

________
The Samoa Qualifications Authority Act 2010
is administered by the Samoa Qualifications Authority.