Tonga National Qualifications and Accreditation Regulations 2010

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Tongan National Qualifications and Accreditation Regulations 2010 _Eng V3_




C
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TONGA NATIONAL QUALIFICATIONS
AND ACCREDITATION REGULATIONS

2010


Tonga National Qualifications and Accreditation
Regulations 2010 Arrangement of Regulations




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C
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TONGA NATIONAL QUALIFICATIONS AND
ACCREDITATION REGULATIONS 2010

Arrangement of Regulations
Regulation

PART 1 - PRELIMINARY 5
1 Short Title .................................................................................................... 5
2 Interpretation ................................................................................................ 5

PART 2 – BOARD PROCEDURES 6
3 Conduct of meetings ................................................................................... 6
4 Principles ..................................................................................................... 7
5 Appraisal of Chief Executive Officer ............................................................ 7
6 Appointment and Dismissal of Staff ............................................................. 7
7 Delegation of authority ................................................................................ 7
8 Committees of the Board ............................................................................ 7
9 Revenues and fees ............................................................................................. 8
10 Records and Accounts ............................................................................... 8
11 Protection from liability ................................................................................ 8
12 Internal audit ................................................................................................ 8

PART 3 – TONGA QUALIFICATIONS FRAMEWORK 8
13 The Framework ........................................................................................... 8
14 Qualification characteristics, titles and definitions ................................................ 8

PART 4 – QUALITY ASSURANCE OF EDUCATION AND TRAININ G
PROVIDERS 9
15 Quality standards ........................................................................................ 9
16 Register of accredited providers ....................................................................... 9
17 Application for accreditation for courses of study and short courses .................... 9

Arrangement of Sections
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Regulations 2010




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18 Granting accreditation ............................................................................... 10
19 Certificates of registration and accreditation ....................................................... 10
20 Notification of significant changes ............................................................. 11
21 Review and quality audit ................................................................................. 12

PART 5 – QUALITY ASSURANCE OF WORKPLACE LEARNING 12
22 Quality standards for on-job training providers ...... .......................................... 12
23 Application for workplace accreditation ......................................................... 12



SCHEDULE A 13

TERMS OF REFERENCE FOR THE AUDIT AND COMPLIANCE
COMMITTEE 13

SCHEDULE B 14

QUALIFICATION TITLES AND CHARACTERISTICS 14

SCHEDULE C 15

REGISTRATION AND ACCREDITATION QUALITY STANDARDS 15

SCHEDULE D 17

FORM 1 - REGISTRATION APPLICATION FORM 17

FORM 2 - ACCREDITATION APPLICATION FORM 19

SCHEDULE E 21

FEES 21



Tongan National Qualifications and Accreditation
Regulations 2010 Regulation 1




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C
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TONGA NATIONAL QUALIFICATIONS AND
ACCREDITATION REGULATIONS 2010

TONGA NATIONAL QUALIFICATIONS AND ACCREDITATION BOA RD
ACT 2004

IN EXERCISE of the powers conferred by section 26 of the Tonga National
Qualifications and Accreditation Board Act 2004, the Minister of Education

with the consent of Cabinet makes the following Regulations -

PART 1 - PRELIMINARY

1 Short Title

These Regulations may be cited as the Tonga National Qualifications and
Accreditation Regulations 2010.

2 Interpretation

In these Regulations unless the context otherwise requi es -

“Act” means the Tonga National Qualifications and Accreditation Board Act
2004;

“candidate” means a student eligible to sit a specified and approved
examination or to enrol in a course of study;

“credit” means the value ascribed to a particular set of educational outcomes;

“ learning outcome” means the specific knowledge, skills and attitudes that
the student should be able to demonstrate and describ in student centered
terms, the intended results of planned learning experiences;

Regulation 3
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“registration” means the recognition given by the Board to an educational
provider to deliver post compulsory education and training courses of study to
specified standards;

“subject” means a named combination of related skills and knowledge which
is seen as a separate teaching and learning discipline with its own curriculum;
and

“ level descriptors” define the learning outcomes of qualifications and their
components in terms of knowledge and understanding, competence, skills and
responsibility, for each of the levels of the Tonga Qualifications Framework.

PART 2 – BOARD PROCEDURES

3 Conduct of meetings

(1) The Board shall conduct its meetings as follows –

(a) 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;

(b) the Chairman may call meetings of the Board as often as may be
required and at such times and places as the Chairman shall determine,
provided that the Board shall meet at least once every two months;

(c) any matters arising at a meeting of the Board shall be decided by a
simple majority of the members present, and in the case of equality of
votes, the Chairman shall have the casting vote;

(d) 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 t the member’s
knowledge, declare their interest in the matter;

(e) a disclosure of interest in paragraph (d) shall be recorded in the minutes
of the meeting of the Board, and the member shall not be present during
any deliberation of the Board with respect to the matter, and shall not
take part in any vote of the Board with respect to that matter;

(f) the Board shall keep proper minutes of all its proceedings; and

(g) meetings of the Board are expected to be public.

(2) In exceptional cases of a sensitive nature, the Board may choose to go into
committee, thereby excluding all except Board members.

(3) Committee discussions shall not be recorded in the minutes, but any
resolution resulting from such discussion shall be recorded.

Tongan National Qualifications and Accreditation
Regulations 2010 Regulation 4




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4 Principles

Board members shall comply with the following principles -

(a) have a fundamental obligation to act in a fair and impartial manner;

(b) maintain confidentiality;

(c) declare all potential conflicts of interest in accordance with regulation 3(1)(d)
and (e);

(d) avoid situations where their personal interests interfere, or appear to interfere,
with the interest of the Board; and

(e) shall not give or receive gifts in relation to their work as Board members.

5 Appraisal of Chief Executive Officer

The performance of the Chief Executive Officer shall be appraised in accordance
with his contract of employment.

6 Appointment and Dismissal of Staff
The Board may appoint and dismiss any staff according to law.

7 Delegation of authority

(1) The Board may delegate its powers, except this power of delegation, to
anyone of its members, a Committee of the Board, or the Chief Executive
Officer.

(2) All delegations shall be officially recorded in the minutes and listed on the
Board’s delegations Register.

8 Committees of the Board

(1) The Board may establish committees and such committees may include non
Board members.

(2) An Audit and Compliance Committee shall be established, with the terms of
reference detailed in Schedule A.

(3) The Appeal Committee established under section 21(1) of the Act shall be
convened within 20 working days of an appeal being filed.

(4) The committees shall conduct its meetings in accordance with regulation 3.

(5) The Board shall approve short-life sector working committees or industry
training advisory committees, with specified terms of reference, when
required to develop or review national qualifications for a particular industry
or community sector and adapt international qualifications to suit Tonga.

Regulation 9
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9 Revenues and fees

(1) The fees specified in Schedule E shall be those prescribed for the purposes of
the Act and these Regulations

(2) The revenues of the Board shall consist of –

(a) the prescribed fees specified in Schedule E;

(b) such grants as may be provided by the Governmnt; and

(c) other funds that may properly accrue to the Board from any other
source.

10 Records and Accounts

Records and accounts shall be kept in accordance with section 15 of the Act.

11 Protection from liability

No member of the Board shall be personally liable for any act done or omitted and
in pursuance of the functions of the Board, provided it was done in good faith.

12 Internal audit

(1) There shall be a system of internal audit, to verify that all systems and
procedures are being operated in accordance with accepted professional
standards.

(2) The internal auditor shall report directly to the Chairman of the Board.

PART 3 – TONGA QUALIFICATIONS FRAMEWORK

13 The Framework

The Tonga Qualifications Framework shall–

(a) consist of levels defined by a set of level descriptors relating to the
complexity of the learning outcomes attained; and

(b) include all post compulsory education and training qualifications that have
been accredited by the Board or by an overseas quality assurance agency
recognised by the Board.

14 Qualification characteristics, titles and defini tions

(1) Each qualification on the Tonga Qualifications Framework shall have a
statement of learning outcomes which includes –

Tongan National Qualifications and Accreditation
Regulations 2010 Regulation 15




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(a) what the whole qualification represents in terms of the application of
knowledge, understanding, skills and attitudes; and

(b) the components of the qualification which, in their combination, make
up the whole qualification.

(2) Each qualification on the Tonga Qualifications Framework shall have a credit
value attached to it.

(3) Each qualification shall be assigned to one of the levels of the Tonga
Qualifications Framework.

(4) Three broad types of qualifications shall be placed on the Tonga
Qualifications Framework – degrees, diplomas and certifi ates.

(5) Each qualification shall be defined by characteris ics and credit requirements
based on those listed in Schedule B.

(6) The terms “Tonga”, “Tongan” and “National” in relation to qualifications
shall only be used in the titles of the Board approved qualifications that have
been developed nationally.

PART 4 – QUALITY ASSURANCE OF EDUCATION AND
TRAINING PROVIDERS

15 Quality standards

Providers of post compulsory education and training accredited by the Board shall
meet the registration and accreditation quality standards specified in Schedule C.

16 Register of accredited providers

(1) The Board shall maintain a register of all accredited providers of post
compulsory education and training.

(2) The Board shall remove from such register any provider whose registration is
cancelled.

(3) In addition to regulation 15, the Board shall only register a provider as a
university if the provider meets the characteristics of a university as set by the
Board.

17 Application for accreditation for courses of stu dy and short courses

(1) All persons, organisations and institutions wishing to provide post
compulsory education and training shall apply to the Board, in the form
prescribed in Schedule D for accreditation in respect of each –

(a) course of study leading to a stated qualificat on; and

Regulation 18
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Regulations 2010




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(b) short course made up of units from a course of study leading to a stated
qualification.

(2) The applicant shall –

(a) submit with the application supporting evidence that it has an
appropriate system for managing quality that covers and meets the
accreditation quality standards detailed in Schedule C; and

(b) pay the prescribed fee.

(3) All applications shall be processed within six weeks of receipt.

18 Granting accreditation

(1) The Board shall –

(a) grant accreditation for specified courses of study and short courses for a
specified period provided that at the end of that period an application
for review shall be made to the Board; and

(b) require the Chief Executive Officer to evaluate ny application made to
it, conduct such verification of the contents of the application, including
a site visit if deemed necessary, and duly report t it the level of
compliance with the quality standards set for accreditation.

(2) The Board may grant accreditation when the applicant for accreditation meets
the quality standards specified in Schedule C.

(3) The Board may enlist the assistance of such industry or subject experts as
necessary to determine the capacity of the applicant to deliver the course of
study and short courses.

(4) The applicant shall be informed of the involvement of specific industry or
subject experts in the consideration of an application for accreditation.

(5) Accreditation shall be granted for specified courses of study and short courses
subject to conditions imposed by the Board.

(6) In the event that an application for accreditation is not granted, the
notification to the applicant shall include reasons.

19 Certificates of registration and accreditation

(1) Upon grant of accreditation, the Board shall authorise the issue of a
Certificate of Accreditation, and, where the successful applicant has not been
previously registered, a Certificate of Registration.

(2) Accreditation shall be deemed to commence from the date of issue of the
Certificate of Accreditation.

(3) The Board shall record the issuance of all Certifica es of Accreditation in the
Register of Accreditation by recording the following -

Tongan National Qualifications and Accreditation
Regulations 2010 Regulation 20




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(a) the legal name (and trading name where this is different) of the
accredited body;

(b) the accreditation number allocated to that body;

(c) the date accreditation was granted;

(d) the period of accreditation granted (or the scheduled date for review or
quality audit);

(e) the site for which accreditation has been granted;

(f) the scope of accreditation granted; and

(g) any accreditation conditions imposed by the Board.

(4) Accredited bodies shall display the Certificate of Registration and Certificate
of Accreditation and courses of study and short courses covered by the
Certificate in a conspicuous place.

20 Notification of significant changes

(1) An accredited body shall notify the Board, in writing within 14 days, of any
changes to –

(a) ownership;

(b) legal status;

(c) legal and trading name;

(d) decision to cease operations;

(e) location of any head office;

(f) composition of the governing body;

(g) senior management personnel;

(h) funding sources;

(i) any franchising or partnership arrangements;

(j) delivery site; and

(k) mode of delivery of any course covered by the accreditation in a
significant manner,

that may affect the validity of any previous decision by the Board to issue
registration and grant accreditation.

(2) Upon receipt of notification under sub-regulation (1), the Board shall initiate
such investigations as are necessary to determine the ffect of the change on
the ability of the accredited body to meet the criteria for registration and
accreditation.

(3) The Board may decide as a result of an investigation under sub-regulation (2),
and acting on a written report from the Chief Executive Officer, to –

Regulation 21
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(a) initiate formal processes towards the cancellation, in whole or in part,
of the accreditation granted to the accredited body;

(b) impose additional conditions to the accreditation granted; or

(c) allow the accreditation to continue until the n xt scheduled review or
quality audit.

(4) All new conditions or details as to the character of the provider shall be
entered in the Register of Approved Providers of Education and Training.

21 Review and quality audit

Reviews and quality audits shall include an investigation of the ability of the
provider to continue to meet the quality standards listed in Schedule C.

PART 5 – QUALITY ASSURANCE OF WORKPLACE
LEARNING

22 Quality standards for on-job training providers

Workplace learning shall meet Accreditation Standard 3 in Schedule C.

23 Application for workplace accreditation

All persons wishing to provide on-job training or workplace learning opportunities
shall apply to the Board, in the form prescribed in Schedule D.



Made at Nuku’alofa this 20th day of October 2010.



Minister of Education

Tongan National Qualifications and Accreditation
Regulations 2010 SCHEDULE A




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SCHEDULE A

TERMS OF REFERENCE FOR THE AUDIT AND COMPLIANCE COM MITTEE

1. The Audit and Compliance Committee of the Board shall -

(a) scrutinise the financial information presented by the Chief Executive
Officer to the Board;

(b) review the audited annual financial statements a d supporting narratives of
the Board;

(c) review the report of the external financial auditor;

(d) review the effectiveness and efficiency of management processes, risk
management and internal financial controls;

(e) approve the internal financial and quality audit annual programme and
receive regular reports from the internal auditor on risks, exposures,
statutory compliance and any other matters arising from routine and
special purpose audits;

(f) monitor and review quality audits; and

(g) enforce compliance with regulatory and statutory requirements and
obligations.

2. The Committee shall meet at least once every month.

3. The Chairman shall report to the Board on the operations of the Committee.

4. The Chairman of the Board shall not be the Chairm n of the Committee.

5. The Committee shall consist of a Chairman and two other members.
























SCHEDULE B
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SCHEDULE B

QUALIFICATION TITLES AND CHARACTERISTICS

Each qualification shall be defined by characteristics and credit requirements based
on the following –

(1) Certificates may be used in a wide range of contexts across all leve s, and are
used to prepare candidates for both employment and further education and
training. A certificate is the minimum qualification that can be placed on the
Tonga Qualifications Framework.

(2) Diplomas prepare learners for self-directed application of skills and
knowledge. These qualifications recognise capacity for initiative and
judgement across a broad range of educational and vocational areas. They
recognise a capacity for initiative and judgement in technical, professional, or
management roles and build on prior qualifications r experience.

(3) Degrees are awarded on the basis of the satisfactory completion of a course of
advanced learning that is taught by people engaged in research, and that
emphasises general principles and knowledge as the basis for self-directed
work and learning. Four types of degrees are availble –

(a) Doctoral

(b) Masters

(c) Bachelors with Honours

(d) Bachelors

(4) Graduate Certificates and Graduate Diplomas are designed for degree
graduates to broaden their knowledge and skills at an undergraduate level,
either in a familiar subject or discipline or in a new area.

(5) Postgraduate Certificates and Postgraduate Diplomas extend and deepen a
candidate’s knowledge and skills by building on attainment in the principal
subject(s) of a qualifying bachelors degree.



















Tongan National Qualifications and Accreditation
Regulations 2010 SCHEDULE C




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SCHEDULE C

REGISTRATION AND ACCREDITATION QUALITY STANDARDS

For the purposes of this Schedule, “External stakeholders” may include teaching staff from
other providers delivering similar courses of study, industry representatives, professional
bodies, community representatives or government ministry representatives.

The following are minimum standards for post compulsory education and training
providers. A new provider shall meet Accreditation Standard 1, elements 1.1 to 1.5, before
being registered. Accreditation Standard 2, elements 2.1 to 2.6, shall be met for each
qualification, course of study and short course prior to delivery. In addition to
Accreditation Standards 1 and 2, Accreditation Standard 3, elements 3.1 to 3.12, shall be
met by the provider on an ongoing basis.

Accreditation Standard 1: The provider is established and organised to provide
quality education and training.

1.1 The provider or its governing body is a legally established or recognised enduring
body.

1.2 The provider has measurable goals and objectives for education and training.

1.3 The provider has a coherent, documented quality management system of policies
and procedures.

1.4 The provider has adequate and appropriate governance and management to achieve
its education and training goals and objectives.

1.5 The provider’s name is appropriate and does not mislead learners about the nature
of the educational and training provision.

Accreditation Standard 2: An educationally sound and effective process is used for
the development, approval and review of all qualifications and courses associated
with the provider.

For each qualification, course of study and short curse -

2.1 The title is appropriate and complies with the requirements of the Tonga
Qualifications Framework.

2.2 The learning outcomes have been developed and reviewed, where appropriate, in
consultation with relevant external and internal stkeholders.

2.3 The learning outcomes and credit requirements are clearly defined and consistent
with the requirements of the Tonga Qualifications Framework.

2.4 The entry requirements are defined and are fair.

2.5 The assessment system is appropriate and relevant to the learning outcomes.

2.6 There is an appropriate system to moderate assessments.

SCHEDULE C
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Accreditation Standard 3: The provider is delivering quality education and training.

3.1 The provider’s quality management system is effectively applied to the whole
organisation, and is regularly reviewed and updated.

3.2 The provider has adequate and appropriate physical and learning resources to
deliver its qualifications and courses of study.

3.3 Staff qualifications and experience meet the requi ments of the Act.

3.4 Appropriate staff development plans, based on ide t fied needs, are implemented
and outcomes monitored to ensure effectiveness.

3.5 Appropriate entry and selection criteria for each course of study and short course
are well publicised and applied consistently.

3.6 Timely, effective and appropriate student guidance and support systems are
provided.

3.7 The provider defines and implements effective teaching and learning practices that
are educationally sound and appropriate to the course of study and mode of
delivery.

3.8 Course delivery undertaken in partnership with, on behalf of, or by another
organisation either inside Tonga or outside Tonga, meets the standards set in the
provider’s quality management system.

3.9 Any off-site practical or workplace components of courses of study are effective
and integrated into curricula.

3.10 The assessment of learning outcomes is fair, val d and consistently applied.

3.11 Notification of results and reporting on student achievement is adequate and
appropriate.

3.12 Where degree courses of study are offered, adequ t resources and support are
provided to meet the provider’s defined research goals and objectives.





















Tongan National Qualifications and Accreditation
Regulations 2010 SCHEDULE D




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SCHEDULE D

FORM 1 - REGISTRATION APPLICATION FORM

These details are required of all organisations applying for registration to offer post
compulsory education and training services and workplace.

A. Organisation Details

Name of education, training or
workplace organisation



Type of body corporate

Physical address of education
and training premises





Postal address



Governing body

B. Contact Details

Contact person
Designation
Telephone number(s)
Facsimile number
Email address
Website

C. Nature of Intended Education and Training

Indicate the intended education
and training focus, such as
subject areas, qualifications,
courses of study and short
courses, that the organisation
intends to offer [use additional
paper if needed or attach
appropriate documents]



D. Intended Learner Profile

Indicate in these boxes the estimated number of studen s
in each age group that are likely to enrol in your
organisation’s programmes during the next calendar ye

18 years and over
14–17 years

11–13 years

10 years and under

E. Accreditation of Education and Training Courses
Yes
[]

SCHEDULE D
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Indicate whether the organisation has lodged an applic tion for accreditation at
the same time as its application for registration (see separate TNQAB application
form)




Statement of Management Commitment

We, the undersigned, confirm that this application for registration as a post compulsory
education and training provider represents an accurte statement of the current status and
operations of our organisation and that the governing body supports the policies and
procedures included in the application.

We confirm that the governing body has been advised of the Tonga National
Qualifications and Accreditation Board Act 2004 and of Tonga National Qualifications and
Accreditation Board policies and procedures of relevance to the activities of the
organisation and that to the best of our knowledge these activities comply with relevant
requirements therein.

We confirm that we have considered any aspects of our operations that may place students
or the public at risk and have implemented policies and procedures to ensure their
protection.


Name :

[Representative of the Governing Body]

Signature:

Date :



Name :

[Principal, Director, Manager etc]

Signature:

Date :


Contact details

Please send the completed application form, along with all relevant supporting
documentation, to:

Tonga National Qualifications and Accreditation Board
PO Box 65
Nuku’alofa



Tongan National Qualifications and Accreditation
Regulations 2010 SCHEDULE D




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FORM 2 - ACCREDITATION APPLICATION FORM

These details are required of post compulsory education nd training providers applying
for accreditation to deliver either courses of study leading to a stated qualification or short
courses made up of units of a course of study which may lead to a stated qualification.

A. Organisation Details

Name of education and training
provider



Type of body corporate

Physical address of education and
training premises





Postal address



Governing body

B. Contact Details

Contact person
Designation
Telephone number(s)
Facsimile number
Email address
Website

C. Courses of Study and Short Courses for which Accreditation is sought

• Attach evidence that the provider meets both Accreditation Standard 1 and Accreditation
Standard 2 for each listed course of study and short course, and Accreditation Standard
3 for existing courses of study and short courses.

• Ensure that all details listed under section 10(2) of the Tonga National Qualifications
and Accreditation Board Act 2004 are included with this application.







D. Education and Training Provider Registration
Yes
[]

Indicate whether the provider has lodged an application for registration at the
same time as its application for accreditation (see separate TNQAB application
form)




Statement of Management Commitment

SCHEDULE D
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We, the undersigned, confirm that this application for post compulsory education and
training accreditation represents an accurate statement of the current status and operation
of our organisation with regard to the courses of study and short courses listed, and is
supported by the governing body.


We confirm that the governing body has been advised of the Tonga National
Qualifications and Accreditation Board Act 2004 and of Tonga National Qualifications and
Accreditation Board policies and procedures of relevance to the activities of the
organisation and that to the best of our knowledge these activities comply with relevant
requirements therein.

We confirm that we have considered any aspects of our operations that may place students
or the public at risk and have implemented policies and procedures to ensure their
protection.


Name :

[Representative of the Governing Body]

Signature:



Date :





Name :

[Principal, Director, Manager etc]

Signature:



Date :



Contact details

Please send the completed application form, along with all relevant supporting
documentation, to:

Tonga National Qualifications and Accreditation Board
PO Box 65
Nuku’alofa



Tongan National Qualifications and Accreditation
Regulations 2010 SCHEDULE E




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SCHEDULE E

FEES


Item Fee
1 Provider Registration Initial Fee $500
2 Provider Registration Annual Fee $200 + $10 per student

full time equivalent
3 Accreditation Base Fee (per course of study at all levels) $500
4 Fee per Accreditation Panel Member (All levels) $250 per day
5 Quality Audit Base Fee $500
6 Fee per Quality Audit Panel Member $250 per day


1. The fees for items 1 and 2 shall commence on 1 July 2011.

2. All fees collected by the Board are subject to Consumption Tax.

3. Student full time equivalent are calculated on the basis that a student studying on a
full-time programme for one year is 1full time equivalent. Full time equivalent for
part-year and part-time students will be calculated based on the previous year (2
semesters) using the same formula that Ministry of Education uses to determine the
head count funding provision.

4. Where specialists need to be used from overseas, they shall be paid at an equivalent
rate to that paid for equivalent work in their respctive countries.

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