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Manpower Training Act, 1981 (Act No. 56 of 1981)

Chapter 6 : General Provisions

46. Powers of training advisers

 

1) A training adviser may-
a) at the request of any employer or any other person who provides or intends to provide training to employees, workseekers or other persons -
i) assist such employer or other person in the determination of needs relating to such training;
ii) advise such employer or other person in connection with -
aa) the development of training programmes followed or to be followed by him;
bb) the improvement of the quality of the training provided by him;
cc) the selection for training of employees, workseekers or other persons;
dd) the testing of employees, workseekers or other persons during, or after completion of their training;
iii) give, to those persons providing instruction to such employees, workseekers or other persons in the course of such training, guidance in connection with any aspect of such instruction; and
b) subject to the directions of the Director-General, take such other steps as may, in his opinion, serve to promote the training of employees, workseekers or other persons.

 

2) A training adviser may conduct investigations -
a) in order to ascertain whether any provision of this Act, or any condition of apprenticeship, or any directive issued or deemed to have been issued in terms of section 30 or any provision of a notice published or deemed to have been published in terms of section 39 or 47(1), or any condition specified in a certificate referred to in section 47(3), or any condition imposed or deemed to have been imposed in terms of section 31(2)(a), 32(2) or 34(2), is being or has been complied with;
b) into the effectiveness of the training provided at any regional training centre or private training centre or industry training centre or by any employer to apprentices or trainees in his employ;
c) into any other matter connected with any regional training centre, private training centre or industry training centre or with the training of apprentices, trainees or other persons and which in the opinion of the registrar should be investigated,

and may for that purpose -

i) enter any premises or place in respect of which he has reason to believe that it is used for or is connected with the providing of any training, and inspect such premises or place or any equipment, facilities or materials thereon or therein used for the purposes of such training;
ii) question, either in private or in the presence of any other person, any person whom he finds upon or in such premises or place;
iii) examine any book, record or other document, or a microfilm or other microform reproduction thereof, connected with any training, or in writing direct any person having in his possession or custody or under his control such book, record, other document or reproduction, to produce such book, record, other document or reproduction for inspection;
iv) make extracts from or copies of any book, record, other document or reproduction referred to in paragraph (iii).

 

3) No person shall -
a) refuse or fail to place, when required by a training adviser to do so, anything in his possession or custody or under his control, or which is upon any premises occupied by him, and which may in the opinion of the training adviser relate to an investigation being conducted by him in terms of subsection (2), at the disposal of the training adviser for the purposes of such an investigation;
b) refuse or fail to comply with any direction referred to in subsection (2)(iii);
c) hinder or obstruct any training adviser in the exercise of his powers;
d) falsely hold himself out to be a training adviser.

 

4) A training adviser who exercises any power conferred upon him by this section shall, at the request of any person affected by the exercise of such power, produce the certificate issued to him in terms of section 45(2).

 

5) [Subsection (5) deleted by the Manpower Training Amendment Act, No. 39 of 1990]