Act 5 2026 - Careers and Further Education Agecy Act 2026

[7th April 2026] Careers and Further Education Agency Act 20 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT CAREERS AND FURTHER EDUCATION AGENCY ACT, 2026 (Act 5 of 2026) ARRANGEMENT OF SECTIONS SECTIONS PART I - PRELIMINARY 1. Short title and commencement 2. Interpretation PART II - ESTABLISHMENT, OBJECTS AND FUNCTIONS OF THE CAREERS AND FURTHER EDUCATION AGENCY 3. Establishment of Agency 4. Objects of Agency 5. Functions of Agency 6. National Human Resource Outlook Report 7. Coordination agreements PART III - GOVERNANCE 8. Board of the Agency 9. Powers, duties and functions of the Board 10. Minister to issue Directions 11. Meetings of the Board 12. Disclosure of interest 13. Term of office of members PART IV - EXECUTIVE MANAGEMENT 14. Chief Executive Officer 15. Deputy Chief Executive Officer 16. Staff of the Agency PART V - FINANCIAL PROVISIONS 17. Funds of Agency 18. Financial year 19. Accounts of Agency 20. Annual report PART VI - MISCELLANEOUS 21. Members and employees to be public servants 22. Confidentiality 23. Prohibition on unauthorised access, removal or destruction of records 24. Regulations 25. Transitional provision 26. Assets, liabilities and contracts [7th April 2026] Careers and Further Education Agency Act 21 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT CAREERS AND FURTHER EDUCATION AGENCY ACT, 2026 (Act 5 of 2026) I assent 31st March, 2026 AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF AN AGENCY TO OVERSEE THE EFFICIENT MANAGEMENT, ADMINISTRATION AND IMPLEMENTATION OF CAREERS GUIDANCE, FURTHER EDUCATION AND SCHOLARSHIPS AND TO PROVIDE FOR ITS OBJECTS, FUNCTIONS, POWERS, GOVERNANCE AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. ENACTED BY THE PRESIDENT AND THE NATIONAL ASSEMBLY. PART I - PRELIMINARY Short title and commencement 1.(1) This Act may be cited as the Careers and Further Education Agency Act, 2026 and shall come into operation on such date as the President may, by notice in the Gazette, appoint. [7th April 2026] Careers and Further Education Agency Act 22 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Interpretation 2. In this Act, unless the context otherwise requires — “Agency” means the Careers and Further Education Agency established under section 3; “Board” means the Board of the Agency constituted under section 8; “career development” means a planned process that helps a person to understand, plan and manage learning and work over time and includes careers guidance, careers information, exposure to careers, mentoring and support with making education and training choices; “careers guidance” means the provision of information, advice and guidance to support learners and workers to make informed decisions about subjects, courses, training and work opportunities; “Chief Executive Officer” or “CEO” means the Chief Executive Officer of the Agency appointed under section 14; “education pathways” means planned routes through education and training that allows a learner to move from school to further education, tertiary education and work including the technical and vocational education and training; “further education” includes technical and vocational education and training at professional centres, diploma and degree programmes and other forms of postsecondary learning that prepare a person for work; “Minister” means the Minister responsible for Education; “professional centre” shall have the same meaning assigned to it in the Tertiary Education Act, 2011 (Act 12 of 2011); “scholarship” means the funding provided by the Government to a student as stipulated in the student's bonding agreement to cover cost of his or her studies; “tertiary education institution” shall have the same meaning assigned to it in the Tertiary Education Act, 2011 (Act 12 of 2011) ; “tracer studies” means a systematic study carried out by the Agency to track and analyse the education, training, employment status, career progression and skills utilisation of beneficiaries after completion of a programme of study or training supported or administered by the Agency; and “transition support” means support provided by the Agency to the learners to help learners move from school to further education or training and from education or training into employment including the work attachments, internships, work experience and job search services. [7th April 2026] Careers and Further Education Agency Act 23 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT PART II - ESTABLISHMENT, OBJECTS AND FUNCTIONS OF THE CAREERS AND FURTHER EDUCATION AGENCY Establishment of Agency 3.(1) There is hereby established an agency called the Careers and Further Education Agency. (2) The Agency shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name. Objects of the Agency 4. The objects of the Agency shall be to administer Government scholarships and to support career development, education pathways and student transition to employment, in order to strengthen national human resource development, workforce planning and skills alignment. Functions of the Agency 5. In pursuing the objects, the Agency shall have the following functions — (a) administer Government scholarships in accordance with this Act, approved policies, regulations and the conditions attached to the award of such scholarships; (b) monitor the academic progress, wellbeing and compliance of scholarship holders with the terms and conditions of their scholarships, and enforce bonding obligations and other contractual requirements in accordance with scholarship agreements and applicable law; (c) manage, authorise and account for the payment of tuition fees, stipends, allowances and other authorised costs relating to scholarships, and ensure the application of effective internal financial controls, accountability mechanisms and financial reporting systems; (d) establish, operate and maintain integrated digital information systems and databases relating to scholarships, student records, bonding obligations and guarantors, as prescribed; (e) support, coordinate and strengthen the provision of careers guidance services across the education system, in collaboration with schools, training institutions and relevant public and private sector stakeholders; (f) plan, facilitate and support work attachments, internships and transition to employment initiatives for students and graduates, and liaise with employers to secure suitable placements aligned with national skills priorities; (g) conduct tracer studies and other evaluations to assess education, training and employment outcomes of beneficiaries, and prepare and publish an annual Human Resource Outlook Report to inform national planning and policy development; [7th April 2026] Careers and Further Education Agency Act 24 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (h) establish and implement monitoring and compliance systems for scholarship programmes and related functions of the Agency, and ensure corrective actions are taken in response to audit findings and identified noncompliance; (i) establish, manage and maintain partnerships and collaborative arrangements with local and international education and training institutions for the purpose of supporting education pathways, training opportunities and scholarship administration; (j) advise Government on education pathways, career development, scholarship policy and human resource development matters, based on data analysis, tracer studies and labour-market information; (k) promote good governance, transparency and accountability in the administration and management of Government scholarships and related programmes; and (l) do all such things and perform all such functions as may be necessary or conducive to the achievement of the purposes of this Act. National Human Resource Outlook Report 6. The Agency shall, not later than June each year, prepare and submit to the Minister an annual Human Resource Outlook Report. Coordination agreements 7. The Agency may enter into memoranda of understanding with Ministries, Statutory Bodies, Professional Centres, Tertiary Institutions and Employers for data sharing, joint planning and cooperative programmes. PART III - GOVERNANCE Board of the Agency 8.(1) The administration, management and control of the affairs of the Agency shall be vested in the Board of the Agency, which shall consist of 7 members including one scholarship alumnus or alumna appointed by the President by notice published in the Gazette on such terms and conditions as the President may determine. (2) The Board of the Agency shall comprise of Members with expertise in — (a) tertiary-education management; (b) employment or human-resource planning; (c) economic or national-development planning; (d) career-development or guidance; (e) legal affairs; and (f) human-resource management. [7th April 2026] Careers and Further Education Agency Act 25 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (3) The President shall designate a Chairperson and Vice-Chairperson to the Board from amongst the Members appointed under subsection (1). (4) A person shall not be appointed or remain as a member of the Board, if the person — (a) has been adjudged or declared insolvent or bankrupt and has not been discharged; or (b) is mentally or physically incapable of carrying out the functions assigned to such member under this Act; or (c) has been convicted, within a period of 3 years prior to the commencement of this Act, of an offence punishable with imprisonment without an option to pay a fine. (d) has been guilty of any misconduct, default or breach of trust in the discharge of any duties. (e) is absent from three consecutive meetings of the Board without leave of the Chairperson. (5) The emoluments to be paid to the Members shall be determined in terms of the Government's remuneration policy. Powers, duties and functions of the Board 9.(1) The Board shall be the governing body of the Agency and subject to the oversight of the Minister, shall be responsible for — (a) setting the strategic direction of the Agency and approving strategic and annual plans; (b) approving the Agency's budget; (c) establishing and monitoring governance, risk and internal-control systems; (d) adopting policies, regulations and standard operating procedures on scholarships, bonding and transition services; (e) monitoring the Agency's performance against targets and indicators; (f) overseeing the performance of the Chief Executive Officer; (g) ensuring transparency and accountability in scholarship and bonding administration; and (h) the performance of any other function necessary to achieve the objects of the Agency. (2) In the performance of its functions, the Board may establish, from time to time, committees, as it may consider appropriate on such terms and conditions as it may determine. [7th April 2026] Careers and Further Education Agency Act 26 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Minister to issue Directions 10. The Minister may, from time to time, issue policy directions to the Agency, consistent with the provisions of this Act and the Agency shall give effect to such directions. Meetings of the Board 11.(1) The Board shall meet at least once in every 2 months at a place and time determined by the Chairperson. (2) The Chairperson shall convene a special meeting of the Board upon receipt of a requisition signed by at least 3 Members and such meeting shall be held not later than fourteen days after receipt of the requisition. (3) The meetings of the Board shall be presided over by the Chairperson. (4) In the absence of the Chairperson at a meeting of the Board, the Vice-Chairperson or in the absence of both the Chairperson and Vice-Chairperson, any Member elected by the Members present shall preside the meeting. (5) The quorum for any meeting shall be 5 Members. (6) At any meeting for the conduct of business, the Board shall decide any issue placed before it by a majority vote of the Members present and in the event of equality of votes, the person presiding the meeting shall have a casting vote. (7) No act or proceedings of the Board shall be invalid by reason of any vacancy among its Members or any defect in the appointment of a Member. (8) Notwithstanding anything contained in this section, the Chairperson may, in any matter he or she considers exceptional, make arrangements for a decision of the Board to be taken on the matter through a process of consultation without the need for a meeting. (9) The Board may, subject to the provisions of this Act regulate the procedure to be followed in regard to its meetings and the transaction of its business. Disclosure of interest 12. Any Member of the Board who has direct or indirect financial, personal or other interests in any matter which is to be discussed at a meeting of the Board and which entails or may entail a conflict of interest, shall — (a) disclose the nature of such interest before or at a meeting of the Board; and (b) not take part in any deliberation or decision in respect of that matter or vote thereon. Term of office of members 13.(1) The term of office of a member including the Chairperson and the Vice Chairperson shall be 3 years and shall be eligible for reappointment. (2) The Minister may at any time terminate the appointment of the Chairperson, Vice- Chairperson or a Member who — [7th April 2026] Careers and Further Education Agency Act 27 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (a) has been found guilty of any misconduct, default or breach of trust in the discharge of any duties; (b) is convicted of an offence and sentenced to a term of imprisonment of three months or more; or (c) is mentally or physically incapable of carrying out the functions under this Act. (d) is absent from three consecutive meetings of the Board without valid excuse. (e) is an undischarged insolvent or bankrupt. (3) The Chairperson, Vice-Chairperson or a Member whose appointment has been terminated under this section shall not be eligible for re-appointment. (4) The Chairperson, Vice-Chairperson or any other Member of the Board may resign by letter addressed to the Minister. PART IV - EXECUTIVE MANAGEMENT Chief Executive Officer 14.(1) The President shall appoint a Chief Executive Officer (hereinafter referred to as the “CEO”). (2) A person shall be ineligible to be appointed or to hold office as the CEO if such person is subject to the disqualifications specified in subsection (4) of section 8. (3) A person appointed as chief executive officer shall possess appropriate qualifications and experience relevant to the functions of the Agency. (4) The term of office of the CEO shall be five years and may be reappointed. (5) The CEO shall be responsible for day-to-day management, implementation of the Board directions, staff supervision and any other duty assigned to the CEO under this Act. Deputy Chief Executive Officer 15.(1) There shall be a Deputy Chief Executive Officer of the Agency who shall be appointed by the President on the recommendation of the Board. (2) The salaries, allowances, benefits and other terms and conditions of service of the chief executive officer and the Deputy Chief Executive Officer shall be determined by the Government's remuneration policy. (3) (a) The Deputy Chief Executive Officer shall act in the office of the chief executive Officer — (i) during the vacancy in the office of the chief executive officer; (ii) during any period in which the chief executive officer is absent from duty for any reason or is unable to perform the functions of that office; [7th April 2026] Careers and Further Education Agency Act 28 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (b) The Deputy Chief Executive Officer shall perform such other functions as the chief executive officer may delegate. Staff of the Agency 16.(1) The Agency may employ such number of persons as it considers necessary for the effective carrying out of the functions of the Agency. (2) The salaries, allowances, benefits and other terms and conditions of service of the employed persons shall be determined by the Government's remuneration policy. PART V - FINANCIAL PROVISIONS Funds of Agency 17.(1) The funds of the Agency shall consist of — (a) moneys appropriated, from time to time, by the National Assembly; (b) donations, endowments and development-partner contributions; and (c) any other income lawfully accruing to the Agency. (2) There shall be paid out of the funds of the Agency, any expenditure incurred by the Agency in the exercise, performance and discharge of its powers, duties and functions. Financial year 18.(1) The financial year of the Agency shall be the calendar year. (2) The Agency shall prepare an annual plan of activities for each financial year and submit it to the Minister and the Board before the beginning of that financial year. (3) The plan shall include the Agency's objectives, planned activities, budget requirements, staffing requirements and performance indicators for the year. (4) The annual plan of activities shall serve as the basis for budget planning and for seeking the financial support necessary to carry out the Agency's mandate. (5) The Agency shall maintain proper accounts and other relevant records and prepare a statement of accounts in line with modern accounting methods and in such forms as may be approved by the Auditor General. (6) The accounts of the Agency shall be audited by the Auditor General in accordance with Article 158 of the Constitution. Accounts of Agency 19. The CEO shall ensure that proper accounts and other records are kept in respect of the Agency’s activities, funds and property including such particular accounts and records as the Minister may direct. [7th April 2026] Careers and Further Education Agency Act 29 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Annual report 20.(1) The Agency shall, once in every calendar year, prepare in such form and within such time as the Minister may direct, an annual report specifying the full account of its activities during the previous year and together with a copy of the audited accounts of the Agency to be forwarded to the Minister. (2) The Minister shall cause the audited accounts and the annual report to be laid before the National Assembly within 2 months from receipt thereof. PART VI - MISCELLANEOUS Members and employees to be public servants 21.(1) The officers and employees of the Agency shall be deemed to be employed in the public service and sections 91 to 95 of the Penal Code (Cap. 158) shall apply to them. (2) Any suit or other legal proceedings shall not lie against the Agency, any officers or employees of the Agency in respect of an act done or intended to be done in good faith in discharge of any function in pursuance of this Act. Confidentiality 22.(1) Any employee or member of the Agency or any committee of the Agency shall not disclose any information which may come to his or her knowledge in the exercise, performance and discharge of his or her powers, duties and functions under this Act, except where disclosure is permitted by any written law or an order of a competent court. (2) Subsection (1) shall not limit the ability of the Chief Executive Officer or other authorised officer from disclosing information that is authorised to be disclosed by the Agency. (3) Any employee or member of a committee of the Agency who contravenes subsection (1), commits an offence and on conviction shall be liable to a fine not exceeding level 3 of the Standard Scale. Prohibition on unauthorised access, removal or destruction of records 23.(1) A person shall not, without lawful authority — (a) remove, destroy, alter or conceal any record, data or information belonging to the Agency; (b) delete, erase, hinder access or otherwise interfere with electronic data or systems of the Agency; or (c) retain copies of Agency records or information after ceasing to be an employee or agent of the Agency. (2) An employee or officer of the Agency shall, upon resignation, transfer or termination of employment, hand over all records, data, passwords, equipment and information belonging to the Agency in accordance with procedures approved by the Board. [7th April 2026] Careers and Further Education Agency Act 30 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (3) A person who contravenes subsection (1) or (2) is guilty of an offence and liable on conviction to imprisonment for a term of 2 years or a fine not exceeding SCR50,000 or with both such imprisonment and fine. Regulations 24.(1) The Minister may make regulations for carrying out, or giving effect to, the provisions of this Act. (2) Without prejudice to the generality of subsection (1), the regulations may provide for — (a) the administration of scholarships and in relation to scholarship may prescribe matters such as — (i) the types of scholarship that may be offered; (ii) eligibility criteria; (iii) parental contributions; (iv) approved venues; (v) priority fields of study; (vi) terms and conditions of scholarship; (vii) application forms; (viii) bonding conditions; (ix) conditions for guarantors; (b) establishment of committees; (c) establishment of an appeal mechanism; Transitional provision 25.(1) The Department of Public Administration may, by an order transfer, the required employees from any Ministry to the Agency for its initial functioning. (2) Such employees transferred under subsection (1) shall continue their employment with the Agency on terms and conditions not less favourable than those subsisting immediately prior to the date of the commencement of this Act, until such terms and conditions are amended, varied or repealed in accordance with the Public Service Orders or any scheme of service applicable to the employees of the Government. Assets, liabilities and contracts 26. On the commencement of this Act — (a) all liabilities and obligations incurred by the Ministry prior to the date of commencement of this Act shall be deemed to have been incurred by the Agency; [7th April 2026] Careers and Further Education Agency Act 31 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (b) any contract or agreement executed by the Ministry prior to the date of commencement of this Act shall continue to have effect in accordance with its terms as if it was originally made and entered into by the Agency; and (c) any right, privilege obligation or liability acquired or incurred by the Ministry shall not be affected and any legal investigation, legal proceedings or remedy in respect of such right, privilege, obligation or liability may be instituted, continued or enforced by or against the Government of Seychelles. I certify that this is a correct copy of the Bill which was passed by the National Assembly on Tuesday 24th March, 2026. Mrs. Tania Isaac Clerk to the National Assembly