TEO-led Workplace Literacy and Numeracy Fund

Conditions

This page sets out the legislative requirements and conditions for the TEO-led strand of the Workplace Literacy and Numeracy Fund. See the Conditions tab on the Employer-led Workplace Literacy and Numeracy page for information about legislative requirements and conditions for Employer-led WLN funding.

The funding mechanism for Literacy and Numeracy (PDF, 445 Kb) requires the TEC to impose a number of conditions on funding received by a tertiary education organisation (TEO).  The TEC imposes those conditions under section 159YC(2)(a) of the Education Act 1989 (hereafter the Act).

The TEC may also impose other conditions on funding it considers are necessary. It will do this to ensure the specified outcomes in an Investment Plan relating to the tertiary education programmes and activities for which funding is being given are being achieved or will be achieved.  The TEC imposes those conditions under section 159YC(2)(b) of the Act. For employers, the TEC may impose conditions under section 159ZD(2)(a) to ensure their funding will achieve its purpose.

A TEO that receives WLN funding must comply with the conditions specified in its funding approval letter and in the Act.  Those conditions are also set out below.  The TEC also expects TEOs to comply with funding information provided as guidance. 

If the TEC is satisfied on reasonable grounds that a TEO has not complied or is not complying with the conditions on funding the TEC may revoke or suspend the funding under section 159YG or 159ZF of the Act.

 

Legislative requirements

As specified in section 159YC(1) and section 159ZD(1) of the Act, it is a condition of a TEO receiving funding that the TEO will supply to the TEC, from time to time as required by the TEC, and in the form specified by the TEC, any financial, statistical, or other information that a TEO is required to supply.

There are additional legislative requirements for TEOs (other than tertiary education institutions (TEIs)) and for TEIs. For further information about these requirements contact the Sector Helpdesk.

 

Conditions

A TEO or employer that receives funding for WLN provision must comply with the conditions specified in its Investment Plan funding approval letter or funding confirmation letter. Those conditions are also set out below. If the TEC is satisfied on reasonable grounds that a TEO has not complied or is not complying with the conditions on funding, the TEC may revoke or suspend the funding under section 159YG or 159ZF of the Act.    

 

For your reference, you can view archived WLN conditions that applied to 2015 funding only:

Workplace Literacy and Numeracy 2015 conditions (PDF, 287 Kb)

 

WLN001: TEO to supply information to the TEC

As specified in section 159YC(1) and section 159ZD(1) of the Education Act 1989, it is a condition of a TEO receiving funding that the TEO will supply to the TEC, from time to time as required by the TEC, and in the form specified by the TEC, any financial, statistical, or other information that a TEO is required by the TEC to supply.

TEO (other than an employer) to supply reports

A TEO that is not an employer as defined in Condition WLN002  that receives WNL funding under an Investment Plan must submit:

a)    a progress report for the period 1 January to 31 May no later than 10 working days after 31 May;

b)    a progress report for the period 1 January to 30 September no later than eight working days after 30 September; and

c)    a final report for the period 1 January to 31 December no later than 31 January of the following year.

Each progress report must:

a)    be submitted in accordance with the template, and

b)    relate to the specific delivery commitments outlined in the TEO's Investment Plan, and

c)    include the following information:

       (i)     the number of learners enrolled in each programme of workplace training, and

       (ii)    learner enrolment information, including the National Student Number (NSN), tuition hours delivered (actual attendance) and remaining hours planned, demographic information, regional information, literacy and numeracy information, employer information and enrolment start/finish dates for each learner enrolled in each WLN programme of workplace training during the period covered by the report, and

       (iii)   the name of the business in which each learner is employed.

Each final report must be submitted in accordance with the template and include the following information:

a)    the number of learners enrolled in each WLN programme of workplace training, and

b)    learner enrolment information, including NSN, tuition hours delivered (actual attendance), demographic information, regional information, literacy and numeracy information, employer information, and enrolment start and finish dates for each learner enrolled in each WLN programme of study or training during the period covered by the report.

 

TEO that is an employer to supply reports 

A TEO that is an employer as defined in Condition WLN002 that is delivering a programme of workplace training must supply to the TEC the following reports in accordance with its funding approval letter:

a)    a programme commencement report

b)    two progress reports and

c)    one final report. 

Each report must be in the form of the template attached to its funding approval letter. 

 

TEO to supply financial viability information to the TEC

The TEO must supply to the TEC information relating to the financial viability of the TEO if the TEC requests that information.

 

TEO to supply information to the TEC in certain situations

The TEO must notify the TEC immediately if:

a)    any record that the TEO is required to keep under the Education Act 1989 has been lost or damaged; or

b)    the TEO is no longer able to comply with a condition of funding.

 

PTE to supply information to the TEC in certain situations

This condition applies to a private training establishment (PTE). 

The PTE must notify the TEC immediately if:

a)    its New Zealand Qualifications Authority (NZQA) registration or accreditation is cancelled; or

b)    an Insolvency Event (see below) occurs in relation to it, or

c)    it has a Change of Control (see below), or

d)   it transfers (or agrees to transfer) all or a material part of its assets to a third party, or

e)   there is a change to the persons who make up its governing body,  or

f)    it merges with or acquires any other entity or business, or

g)   it has changed its name,  or

h) the location or locations at which it delivers a course or courses has changed.

 

Definition of Insolvency Event

"Insolvency Event" means, in relation to a PTE, the occurrence of any of the following events:

a)   that PTE ceases or threatens to cease to carry on all or any material part of its business or operations

b)   an application is made (which is not withdrawn, stayed or dismissed within 10 Business Days of being made) to a court for an order, or an order is made, or an effective resolution is passed to place the PTE in liquidation or voluntary administration previously approved in writing by the TEC

c)   that PTE proposes to enter into, any general assignment, arrangement, compromise or composition with or for the benefit of any of its creditors with a view to avoiding insolvency except as previously approved in writing by the TEC

d)   an encumbrancer takes possession, or a trustee, receiver, receiver and manager, administrator, liquidator, provisional liquidator, inspector under any companies or securities legislation, or similar official, is appointed in respect of that PTE or the whole or any material part of its assets, or the board of directors request that a creditor or any other person appoint a receiver to that PTE)

e)   a distress, attachment or other execution is levied or enforced upon, or commenced against, any assets of that PTE and is not discharged or stayed within 10 Business Days, except, in each case, when the TEC is satisfied that that PTE is contesting the same in good faith by appropriate proceedings

f)   that PTE is declared or becomes insolvent, is unable to pay its debts when they fall due, or is presumed unable to pay its debts in accordance with any applicable legislation

g)   that PTE suspends or stops or threatens to suspend or stop payments generally or a moratorium is agreed or declared in respect of or affecting all or any material part of its indebtedness

h)   that PTE seeks or obtains protection from its creditors under any statute or any other law

i)   that PTE is declared to be a corporation at risk under the Corporations (Investigation and Management) Act 1989

j)   a statutory or judicial manager is appointed over all or any of the assets of that person

k)   any recommendation is made by the Financial Markets Authority to the Minister of the Crown who is responsible for administration of the Corporations (Investigation and Management) Act 1989 that that PTE or any associated person of that PTE be placed in statutory management under that Act

l)   all of the directors of that PTE resign, or signal their intention to resign, or

m)   anything analogous or having a substantially similar effect to any of the events specified in paragraphs (a) to (m) above happens under the laws of any applicable jurisdiction in respect of that PTE

 

Definition of Change of Control

"Change of Control" means, in relation to a person (the "first person"), when a person acquires Control of the first person or when a person who controls the first person ceases to do so.

"Control" means, in relation to a person (the "first person"), the ability of another person (the "second person") to ensure that the activities and business of the first person are conducted in accordance with the wishes of the second person, whether through ownership of voting shares, contract or otherwise.  Without limitation, the direct or indirect beneficial ownership of more than 50% of the voting rights in a body corporate is deemed to constitute Control.

 

WLN002: TEO to continue to meet specified criteria

The TEO must, for the length of the funding period, continue to be:

a)    an institute of technology or polytechnic (ITP), or

b)    a private training establishment (PTE), or

c)    a wānanga, or

d)    a university, or

e)    a state school or state-integrated school, or

f)     an employer that:

      (i)    is an organisation as defined by section 159B of the Education Act 1989, and

      (ii)   is a body corporate, and

      (iii)  delivers literacy, numeracy, or literacy and numeracy provision to a minimum of 20 of its employees, or

      (iv)  delivers literacy, numeracy, or literacy and numeracy, provision to a minimum of 20 employees as part of a consortium arrangement with other employers. 

 

WLN003: TEO to continue to meet quality assurance requirements

This condition applies to a TEO that receives WLN funding, unless the TEO is an employer as defined in Condition WLN002.

The TEO must, for the length of the funding period, continue to be quality assured by the:

a)     NZQA, if the TEO is an ITP, PTE, or wānanga;

b)     New Zealand Vice-Chancellors’ Committee (Universities NZ), if the TEO is a university; or

c)     Education Review Office, if the TEO is a state school or state-integrated school.

 

WLN004: TEO to ensure learners meet criteria

The TEO must ensure that each learner that the TEO enrols in an eligible programme of workplace training:

a)    is, and continues to be a New Zealand citizen or resident, and

b)    has low skill levels of literacy, numeracy, or literacy and numeracy, and

c)    is, and continues to be, in the paid workforce, and

d)    is not:

      (i)    enrolled as a full-time student at a TEO, or

      (ii)  accessing TEC-funded literacy, numeracy, or literacy and numeracy  provision at another TEO or workplace. 

Definition of low skill level in literacy, numeracy, or literacy and numeracy 

For the purposes of this condition, a learner has a low skill level in literacy, numeracy, or literacy and numeracy:

a)    if the learner has fewer than 80 credits on the New Zealand Qualifications Framework (NZQF); or

b)    if the learner has more than 80 credits on the NZQF, the learner has fewer than 12 credits in literacy and/or numeracy in unit standards and/or achievement standards, or

c)    if the learner is assessed using the Literacy and Numeracy for Adults Assessment Tool and presents at Step 3 or below on the Learning Progressions for reading, and/or Step 4 or below on the Learning Progressions for numeracy.

 

WLN005: TEO to ensure programmes meet criteria

The TEO must ensure that a programme of workplace training in which an eligible learner is enrolled continues to be a programme that:

a)    provides literacy, numeracy, or literacy and numeracy study or training that is specific, rather than embedded, within the programme, and

b)    contributes to the Government’s priority for literacy and numeracy skill development, as set out in the Tertiary Education Strategy 2014–2019, and

c)    provides high quality literacy, numeracy, or literacy and numeracy study or training that represents value for money, and

d)    is effective and innovative in improving each learner’s workplace literacy, numeracy, or literacy and numeracy skills, to meaningfully engage in the workplace and New Zealand society, and

e)     is able to be tailored to meet the needs of each individual learner, and

f)     has adequate processes for reporting on each learner’s progress in improving literacy, numeracy, or literacy and numeracy skills, and

g)    is provided by a tutor who holds an appropriate qualification (such as the National Certificate in Adult Literacy and Numeracy Education (Vocational/Workplace).

In addition, a TEO that is an employer as defined in Condition WLN002, or a TEO that works with a specific employer, must ensure that a programme of workplace training in which an eligible learner is enrolled in continues to be a programme that:

a)    provides high quality literacy, numeracy, or literacy and numeracy, study or training that is tailored to the needs of the workplace, and

b)    contributes to the development of sustainable employee literacy and numeracy practices within the workplace, and

c)    has targeted literacy, numeracy, or literacy and numeracy, outcomes that reflect the priorities and needs of the workplace; and

d)    has the support of the employer’s senior management.

 

WLN006: TEO not to charge fees

The TEO must not charge a fee to a learner who is participating in an eligible programme for which the TEO receives WLN funding.

 

WLN007: TEO not to receive other Crown funding

The TEO must:

a)     not (without the TEC’s prior written consent) seek or obtain funding from any Crown source other than the TEC to fund a programme or training scheme funded from the WLN fund, and

b)     notify the TEC immediately if it becomes aware of any circumstances that might result in a breach of subparagraph (a) of this condition.

 

WLN008: TEO to use funding responsibly

The TEO must use the funding:

a)    lawfully, responsibly, and for the purposes for which it is provided; and

b)    in a manner consistent with the appropriate use of public funds.

 

WLN009: TEO to repay excess funding

If the TEO receives WLN funding that is greater than it should have been, or that it was not entitled to receive, the TEO must treat the amount of the over-funding as a debt due to the Crown that:

a)     is repayable on demand; and

b)     may be set-off against all or any funding, or any sum of money payable by the TEC to the TEO.

 

Funding that was greater than it should have been - TEOs (other than employers)

Unless the TEO is an employer as defined in Condition WLN002, the TEC will determine whether the TEO received funding that was greater than it should have been by:

a)     multiplying the number of places specified in the TEO's Investment Plan by 40 (the average rate of hours required per learner), and

b)     subtracting the total number of hours delivered (based on actual attendance) in the calendar year from the figure in (a).

For example:

(Places in Investment Plan x 40 hours) - total hours delivered = under/over delivery (recoverable amount where there is under delivery).

 

Funding that was greater than it should have been – employers

If the TEO is an employer as defined in Condition WLN002, the TEC will determine whether the TEO has received funding that was greater than it should have by analysing the information provided to the TEC in the TEO's final report. 

The TEC will develop the details of its funding recovery through discussions with each TEO that is an employer.

 

WLN010: TEO to use Literacy and Numeracy for Adults Assessment Tool

The TEO must use the Literacy and Numeracy for Adults Assessment Tool (including the Youth option, Te Ata Hāpara option, and Starting Points option, as appropriate) to measure each learner's initial literacy and numeracy skill levels, and to measure his or her literacy, numeracy, or literacy and numeracy progress, as appropriate.

In order to comply with this condition, the TEO must:

a)     carry out an initial assessment of each learner's literacy and numeracy skill levels at the beginning of the programme of study or training in which the learner is enrolled; and

b)     carry out a progress assessment of each learner in either literacy, numeracy, or literacy and numeracy, as appropriate at the end of the programme of study or training in which the learner is enrolled.

 

WLN011: TEO to provide specified amount of provision to learners

The TEO must deliver literacy, numeracy, or literacy and numeracy, tuition at the intensity of 40hours over a 10 to 40-week period.

The total hours of literacy, numeracy, or literacy and numeracy tuition delivered by a TEO should be an average rate of 40 hours per learner. 

 

WLN012: TEO that is an employer not to subcontract

This condition applies to a TEO that is an employer as defined in Condition WLN002.

The TEO must not subcontract the provision of a programme of workplace training to another TEO unless:

a)     the TEO receives the TEC’s written consent prior to subcontracting, and

b)     the TEO complies with any conditions imposed by the TEC on giving consent to subcontract; and

c)     the TEO will ensure that the subcontracted TEO uses the Literacy and Numeracy for Adults Assessment Tool (including the Youth option, Te Ata Hāpara option, and Starting Points option, as appropriate) to measure each learner's initial literacy and numeracy skill levels, and to measure his or her literacy, numeracy, or literacy and numeracy progress, as appropriate.

In order to comply with this condition, the subcontracted TEO must:

a)     carry out an initial assessment of each learner at the beginning of the programme of study or training in which the learner is enrolled; and

b)     carry out a progress assessment of each learner at the end of the programme of study or training in which the learner is enrolled.

 

WLN013: TEO to meet benchmarks

This condition applies to a TEO that receives WLN funding, unless the TEO is an employer as defined in Condition WLN002.

The TEO must meet the following delivery benchmarks:

a)     by 31 May, the TEO must have delivered at least 40% of the provision specified in its Investment Plan; and

b)     by 30 September, the TEO must have delivered at least 70% of the provision specified in its Investment Plan.

The TEC will monitor the TEO’s compliance with this condition through the progress reports that the TEO must supply to the TEC under Condition WLN001.

 

WLN014: Tertiary Education Institutions to keep enrolment records

This condition applies to a Tertiary Education Institution (TEI) that receives WLN funding via an Investment Plan.

The TEI must keep accurate and up-to-date records of enrolments in accordance with any requirements developed by the TEC.

 

WLN015: TEO to tailor delivery for self-referred learners

This condition applies to a TEO that receives WLN funding, unless the TEO is an employer as defined in Condition WLN002.

A programme of workplace training that is funded from the WLN funding and is delivered to self-referred employees must be tailored to each individual learner's literacy, numeracy, or literacy and numeracy needs with respect to that learner's workplace environment, and must be delivered:

a)    on an individual (one-to-one) basis; or

b)    if delivered in a group setting, to a group of no more than six WLN learners.

 

WLN016: TEO to verify learner identity

The TEO must verify the identity of each learner enrolled in a WLN programme of workplace training by doing one or more of the following:

a)    confirming that all data fields match the learner’s NSN, or

b)    receiving an assertion through the Department of Internal Affairs’ RealMe® online identity verification service, or

c)    sighting the original or certified copy of a current passport, or

d)    sighting the original or certified copy of one or more of the following documents:

     (i)    a birth certificate, or

     (ii)   a certificate of identity, or

     (iii)  a New Zealand certificate of citizenship, or

     (iv) an expired passport that has not been cancelled, or

     (v) a current New Zealand driver's licence, or

     (vi) a current New Zealand firearms' licence.

e)    if a learner is unable to obtain a birth certificate for the purposes of (d)(i) above, contacting the TEC to confirm that a whakapapa statement signed by both the learner and a kaumātua is acceptable evidence of identity. 

For the purposes of this condition a certified copy is a photocopy that has been endorsed as a true copy of the original.  To be certified, the document must:

a)     be certified by an official of the issuing authority or a person authorised by law in New Zealand to certify documents, such as a Justice of the Peace, a lawyer, or a court official (Court Registrar or Deputy Registrar), and

b)    have the signature of the person certifying on each page, with the name and title of the person shown clearly below his or her signature.

 

WLN017: TEO to make information available to TEC and its appointed representative for the purpose of monitoring

By accepting funding from the TEC the TEO is deemed to have acknowledged that one of the TEC’s statutory functions is to monitor the performance of organisations receiving funding from the TEC, and that it is a statutory condition that the TEO must maintain certain records and supply certain information to the TEC. Accordingly, by accepting funding from the TEC the TEO is deemed to have acknowledged that the TEC needs access to certain information to enable it to undertake its monitoring activities and, as such, the TEO authorises the TEC (and any representative acting on behalf of the TEC) to have reasonable access to information needed by the TEC to undertake its review and monitoring function. This includes the TEO authorising the TEC and the TEC’s appointed representatives to have reasonable access to the TEO’s premises and any premises where the TEO’s records are kept for the purpose of enabling monitoring and review activities to be undertaken at those premises.

 

 

  • Last changed: 6 April 2016
  • Last verified: 6 April 2016