EDUCATION ACT No Education. No U5. An Act to consolidate the Law relating to Education.

Transcription

1 1958. Education. No U5 No EDUCATION ACT An Act to consolidate the Law relating to Education. [30th September, 1958.] E it enacted by the Queen's Most Excellent Majesty by and B with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): 1. This Act may be cited as the Education Act 1958, and shall g^ijj*^. come into operation on a day to be fixed by proclamation of the SXawSS! Governor in Council published in the Government Gazette, and is divided into Parts and Divisions as follows : Part I. Adrninistration and Property ss Division 1. The Department ss Division 2. Council of Public Education ss Division 3. School Committees ss Division 4. Property ss Part II. State Schools ss Division 1. General ss Division 2. Higher Elementary Schools and High Schools s. 27. Division 3. Technical Schools ss Division 4. Scholarships ss Division 5. Meals ss

2 Education. No Part III. Registration of Teachers and of Schools other than State Schools ss Part IV. Attendance at School ss Part V. Adult Education ss Part VI. General ss Repeal. 2. (1) The Act mentioned in the First Schedule to the extent First schedule, thereby expressed to be repealed is hereby repealed accordingly. interpretation. NO. «i43 s. 3. (2) Except as in this Act expressly or by necessary implication provided (a) all persons things and circumstances appointed or created by or under the repea'ei Act or existing or continuing under such Act immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Act had not been so repealed ; (6) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation order assignment appointment report fund trust classification consent agreement vesting registration proceeding return certificate obligation liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under such Act before the commencement of this Act. 3. (l) i n this Act unless inconsistent with the context or subject-matter " Council." " Council" means the Council of Public Education under this Act. Director." "Director" means Director of Education under this Act. "Division." "Division" means Division of a Part. "Parent." " Parent" includes guardian and every person who is liable to maintain or has the actual custody of a child and any person with whom a child resides or who is the occupier of a house in which a child resides. -pan." " Part " means Part of this Act. "Prescribed." ««Prescribed" means prescribed by this Act or the regulations, rjoftjsionai ««Professional officer " means a professional officer in the teaching service under the "Teaching Service Act 1958.

3 1958. Education. No "Regulations" means regulations under this Act. "Regulations.- " School age" (subject to section sixty-one of this Act) " s <* ' «8e." until a date fixed by proclamation under sub-section (2) of this section means not less than six nor more than fourteen years of age, and on and after such date means not less than six nor more than fifteen years of age. " School day " means day on which a school is open. * school day. " School half-day " means the time during which a school school half, is held either in the forenoon or in the afternoon of day ' any school day. " Special school " includes night school, school for "Special handicapped children, truant school, hospital school, sch0 l " institutional school, prison school and experimental school. "State school" means any school conducted under this "state Act. 8Ch0 1 " "Schedule" means Schedule to this Act. "Schedule." " Summoning officer" means summoning officer under ol^ 0 " 8 this Act. "Teacher" includes assistant teacher, student teacher, sewing "Teacher." mistress, teacher on a special staff, student in training and every person who forms part of the educational staff of the school. " Technical education " includes instruction in the principles "Technical.,... r, ~ education. of any science or art as applied to industries, accompanied by individual laboratory or workshop practice, and includes instruction in subjects connected with or preparatory for industrial commercial agricultural mining domestic or artistic pursuits. " Technical school" means school for technical education. "Technical school." (2) The Governor in Council may by proclamation published Power to in the Government Gazette fix a day as on and from which " school!? «ho S oi age.- age " (subject to section sixty-one of this Act) shall for the purposes of this Act mean not less than six nor more than fifteen years of age. PART I. ADMINISTRATION AND PROPERTY. DIVISION 1. THE DEPARTMENT. 4. (1) There shall be an Education Department consisting of Education Department. a Minister of Education, who shall be a responsible Minister of "*"'" the Crown, a Director of Education, professional officers, teachers and such other officers as are necessary. (2) The Director shall be the permanent head of the Education The Director. Department and subject to the Minister shall have the responsibility of administering this Act. No s. 4.

4 Education. No summoning N^S^HS. Accounts. No s. 6. Expenditure moneys voted. (3) Notwithstanding anything in any Act all professional officers, teachers and other officers in the Education Department shall during the pleasure of the Director have and exercise such powers and duties whether statutory or otherwise as are assigned to them in writing by the Director, and the Director may with the approval of the Governor in Council so assign to any officer such of the powers and duties of a permanent head as he thinks fit, and in such event any of such powers and duties exercised or performed by such officer shall for all purposes have the same force and effect as if exercised or performed by the Director. 5. (1) The Minister may by order published in the Government Gazette appoint as summoning officers persons authorized by him to summon parents, and may by order so published remove such persons. (2) The production of a copy of the Government Gazette purporting to contain such order of appointment shall be conclusive evidence that the person to whom such order relates has been so appointed. (3) Every summoning officer shall without further or other authority than this Act take all such proceedings as may be necessary to enforce the attendance of children at school in accordance with the requirements of this Act. (4) For the purpose of obtaining the name and address of any child who apparently does not attend school during school hours on school days, any summoning officer may during school hours without further or other authority than this Act accost and detain such child in any street or other public place. (5) Every person who wilfully obstructs binders or interferes with any summoning officer in the performance or exercise of his duties shall be liable to a penalty of not more than Five pounds. 6. (1) The Director shall cause separate accounts to be kept of the costs of administration of this Act divided under headings as follows : (a) Primary Education ; (b) Intermediate and Secondary Education ; (c) Technical Education ; (d) Training of Teachers ; (e) Administration ; (/) Buildings and Land ; (g) Such other headings as the Minister from time to time directs. (2) No money voted for the purposes of this Act shall be paid in or towards the support of any school except for the purposes expressly provided by this Act and the regulations.

5 1958. Education. No No action or suit for any nonfeasance or misfeasance in ACUOO against connexion with the duties imposed on him by this Act shall be otna"t. m brought or maintained against any person who has been or is the No a. 7. Minister or the Director. DIVISION 2. THE COUNCIL OF PUBLIC EDUCATION. 8. (1) There shall be a council of twenty members called the gjtgfif 01 " Council of Public Education ". EdocSdon. No s. 8. (2) The following persons shall be the members of the Council: (a) Four representatives, of whom the Director shall be one, of the Education Department; (jb) Four representatives of registered schools ; (c) Three representatives of the University of Melbourne ; (d) Three representatives of technical education ; (e) One representative of education in music ; (J) Five representatives of industrial interests of whom not less than two shall be representatives of agriculture. (3) The Governor in Council may subject to the foregoing provisions of this section appoint any person to be a member of the Council. (4) No person shall be appointed a member of the Council for more than three years, but any person appointed a member of the Council shall on ceasing to be a member be eligible for re-appointment. (5) The Director shall be the president of the Council, and the Council shall elect one of its members to be its vice-president; and at every meeting of the Council the president, or in his absence the vice-president, or in the absence of the president and the vice-president a member elected to act as the chairman of such meeting shall preside and shall have a second or casting vote. (6) Nine members of the Council shall form a quorum. (7) If any member of the Council is absent from four consecutive meetings of the Council without leave of absence granted by the Council his office as a member shall thereupon become vacant.

6 Education. No (8) The Governor in Council may at any time remove any member of the Council and fill any vacancy however occurring in the office of any member of the Council. (9) The members of the Council shall be paid out of moneys made available by Parliament for the purpose (a) all travelling expenses reasonably incurred by them in attending the meetings of the Council and transacting the business thereof ; and (b) such sum as the Governor in Council from time to time directs for each attendance at such meetings. Registrar of Council. No s Subject to the Public Service Act 1958 an officer of the public service who is a member of the Education Department may be appointed to be registrar of the Council. Functions of Council. No s. 10. Meetings of 10. (1) It shall be the duty of the Council to report to the Minister upon (a) methods of or developments in public education in other countries if in its opinion it is desirable to introduce such methods or developments into Victoria ; (b) any matters in connexion with public education referred to it by the Minister. (2) The Council shall prepare a report as to the operations of the Council during eachfinancialyear and generally upon questions relating to the development and general administration of public education in Victoria and the co-ordination of all branches of public education. The report shall be laid before both Houses of Parliament as soon as practicable after the end of such financial year. 11. (1) The Council shall hold meetings at such times and aces as ^ NOTUO a. n. pl determines and shall hold at least one meeting in every quarter of each year. (2) A meeting shall be called at any time on the presentation to the president of a requisition signed by not less thanfivemembers of the Council. Power of Council in conducting investigation or inquiry. No s For the purpose of enabling the Council to conduct any investigation or inquiry the provisions of sections fourteen to sixteen of the Evidence Act 1958 shall apply as if the Council was a board appointed by the Governor in Council and the president of the Council was the chairman of such a board.

7 1958. Education. No DIVISION 3. SCHOOL COMMITTEES. 13. (1) The Governor in Council may for any State school or school group of State schools appoint a committee of not more than twelve ^""'MT'S, 3 persons to be called the school committee for the school or group for which it is appointed. (2) The persons to be appointed as members of any school committee shall be such persons as are elected in the prescribed manner at a meeting of the parents of children attending the school or group of schools for which it is to be appointed : Provided that in the case of a special school such number of the members of the committee as the Governor in Council determines shall be appointed upon the nomination of the Minister. (3) A person shall not be appointed a member of a school committee for more than four years, or, if he is a member elected as aforesaid, for more than the period for which he is so elected, but any person appointed a member shall on ceasing to be a member be eligible for re-appointment if then qualified by further election or nomination. (4) No member of a school committee shall receive any payment for his services as a member. (5) The Governor in Council may at any time remove any member of a school committee and fill any vacancy however occurring in the office of any member of a school committee. 14. Subject to the regulations the duties of a school committee Duties of school with regard to the school or group of schools for which it is! mn^t!! es *.. appointed shall be (a) to exercise a general oversight of the buildings and grounds and to report to the Minister on the condition thereof when necessary ; (b) to carry out any necessary work referred to the committee in connexion with the maintenance or repair of or additions to the buildings or the teachers' residences or the school grounds ; (c) to promote the beautifying and improvement of the school grounds, the establishment and maintenance of school gardens and agricultural plots, the decoration of the school rooms and the formation of a school library and museum ; (d) to provide for the necessary cleaning and for the sanitary services of the school; VOL. II. 36

8 Education. No (e) to visit the school from time to time and to record the opinion of the committee as to the general condition of the school and its efficient management; (/) to use every endeavour to induce parents to send their children regularly to school; (g) to arrange where necessary for suitable board and lodging at reasonable rates for the accommodation of teachers (especially women teachers) appointed to the school; (h) to carry out any other prescribed duties ; and (/) generally to stimulate interest in the school. Regulations. 15. The Governor in Council may make regulations for or No. 6»43_s. u. yyjth respect to (a) meetings of parents and the manner of conducting elections of persons to be appointed members of school committees, the periods (not in any case exceeding four years) for which such persons may be so elected and the fixing of differential periods in order to procure rotation of retirements, and the manner in which notifications of such elections are to be made to the Minister ; (b) the number of members to be appointed to any school committee and the number necessary to form a quorum ; (c) meetings of school committees and the conduct of business thereat and the keeping of minutes thereof; id) the raising control and disbursing of funds for school purposes by school committees and the accounts of school committees and the audit thereof; (e) the constitution duties and powers of any mothers' club parents' association or other body organized to promote the welfare of a State school ; (f) the raising control and disbursing of funds for school purposes by such clubs associations and bodies and the accounts of such clubs associations and bodies and the audit thereof; (g) any duties of school committees in addition to those above mentioned ; (h) the discharge of the duties of school committees ; and (i) generally, carrying into effect the provisions of this Division.

9 1958. Education. No DIVISION 4. PROPERTY. 16. All property acquired for the purposes of this Act shall be vesting of vested in the Minister and his successors, and the Minister may SiSSIS. 1 " sell or otherwise dispose of any such property and may do and No - 6l * 3 s - «execute all necessary acts deeds and assurances for that purpose, and the proceeds of every such sale or disposition shall be paid into the Consolidated Revenue. 17. The property connected with any State school which is Disposal of discontinued may be sold or leased. property. No. 614J.S Trustees holding lands in trust for school purposes, or a ^J^* 1? y majority of such trustees, may sell or let from year to year to the tnlsf Minister such lands and any buildings erected thereon upon such No - 6I43 ",8 - terms as are agreed upon, any condition or restriction against alienation notwithstanding, and the purchase money or rent paid for any such lands or buildings shall be applied for the purposes of the denominational body (if any) beneficially interested therein in such manner as such body deems most beneficial. 80 to 19. All lands which on the. first day of January One thousand Disposal of eight hundred and seventy-three had been granted by the Crown non-vested without receiving any purchase money or reserved by the Crown J^ ^3 s 19 permanently or temporarily for school purposes may subject to the provisions for the disposal of lands in the Act No. 391 be disposed of by the denominational body to or for the benefit of which such lands have been granted or reserved, and the proceeds of disposition may be applied for the purposes of such body in such manner as such body deems most beneficial. 20. Where the governing body of any institution or school Resumption of for technical education which extension of certain (a) was in existence on the fourth day of January One jjjjjjjjj r <* thousand nine hundred and eleven ; and technical education (b) receives sums from the Consolidated Revenue in aid No - 6,4J of its funds has requested the Minister that land specified in the request should be resumed by the Crown for the purpose of extending such institution or school the resumption of that land shall be for the purposes of this Act, and the provisions of Part VII. of the Land Act 1958 shall be read and construed and apply accordingly.» M

10 Education. No PART II. STATE SCHOOLS. DIVISION 1. GENERAL. Establishment, 21. Subject to this Act the Minister may from time to &e. of State «.:_, schools. time NO s. 21. ( a ) establish in such places as are desirable and extend and maintain State schools, including primary schools, special schools, higher elementary schools, high schools, central schools, central classes, girls' secondary schools, continuation classes, technical schools, and teachers' training colleges (including colleges for training kindergarten teachers for kindergarten schools receiving financial assistance from the State) ; (b) declare or alter the classification of any such school ; (c) discontinue any such school. Instruction in 22. (1) In every State school, not being a night school or other N"! e 6i43 s 1S 22. special school, four hours at least shall be set apart during each school day for the instruction of the pupils, and of such four hours two shall be before noon and shall be consecutive and two shall be after noon and shall be consecutive. second (2) In the subjects specified in the Second Schedule the schedule. instruction of all children attending a State school shall be free. (3) The instruction to be given in every State school shall include the teaching of health and temperance. Suction ^. (1) Subject to this section religious instruction may be NO. 6i43 s. 23. given in any State school but otherwise secular instruction alone shall be given in State schools. (2) When religious instruction is given in any State school during the hours set apart for the instruction of the pupils (a) such religious instruction shall be given by persons who are accredited representatives of religious bodies and who are approved by the Minister for the purpose ; (b) such religious instruction shall be given on the basis of the normal class organization of the school except in any school where the Minister, having regard to the particular circumstances of such schools, authorizes some other basis to be observed ; (c) attendance at any class for such religious instruction shall not be compulsory for any pupil whose parents desire that he be excused from attending. (3) No teacher within the meaning of this Act shall give any instruction other than secular instruction in any State school building.

11 1958. Education. No (4) Nothing in this section shall prevent any State school building from being used for any purpose on days other than school days or at hours on school days other than the hours set apart for the instruction of the pupils. 24. (1) There shall be observed in every State school at Observance of such times and intervals and under the conduct and direction of ^a6^7 >^" such teachers in those schools as the Minister by order in writing prescribes a ceremony attended and taken part in by pupils attending those schools at which the pupils make a declaration in the following words : " I love God and my country ; I honour the Flag ; I will serve the Queen and cheerfully obey my parents teachers and the laws." (2) The flag to be used at any such ceremony and referred to in the declaration shall be the Union Flag or the Australian National Flag. (3) Any teacher in any State school who refuses to conduct or direct any such ceremony in accordance with any such order shall be guilty of misconduct and the provisions of the Teaching Service Act 1958 and (so far as applicable to teachers) of the Public Service Act 1958 shall apply accordingly. 25. A pupil may in accordance with the regulations and not Exclusion of otherwise be excluded from a State school, but No Pi 6i43 s 25. (a) no such regulation shall authorize the exclusion of a pupil otherwise than by order of the Director given with the approval of the Minister ; (b) no such regulation shall authorize the exclusion of any pupil on any ground relating to the religious or political opinions or beliefs of the pupil or of his parents if such opinions or beliefs do not prevent the inculcation of a love of country or the observance of any prescribed patriotic ceremony in the school ; (c) any pupil excluded from a State school while of school age shall be afforded an opportunity (whether by means of correspondence or otherwise) of continuing his education while of school age ; (d) the whole of the documents and records in the possession of the Education Department relating to the exclusion of any pupil from a State school shall be destroyed (i) within a period of twelve months after the pupil ceases to be of school age ; or (ii) within a period of twelve months after the pupil is excluded whichever is the later.

12 Education. No Annual report. 26. (1) As soon as possible after the close of each financial NO. 6i43 s. 26. vear th e Minister shall cause to be laid before both Houses of Parliament a report of the administration of this Act during such year. (2) Such report shall contain statements as to. (a) the condition of State schools and accommodation therein ; (b) the recruiting and training of teachers ; (c) standards of education and courses of study in State schools ; (d) enrolments at State schools ; (e) special activities at State schools ; ' (/) transport and other services provided for pupils ; (g) accounts required by this Act to be kept and may contain such other matters as the Minister considers relevant. DIVISION 2. HIGHER ELEMENTARY SCHOOLS AND HIGH SCHOOLS. Course of study. 27. (1) In every high school adequate provision shall be made No. 6U3 s. 27. f or ^g teaching of science, including laboratory practice, and of the subjects involved in manual training and, where. girls are taught, for practical and theoretical instruction in domestic arts. (2) In any higher elementary school or high school the course of study may, as the Minister determines, be varied so as to provide a theoretical and practical training in subjects bearing on the industrial requirements of the locality. (3) In any agricultural locality the course of study at a high school may include a practical course in agricultural science. DIVISION 3. TECHNICAL SCHOOLS. Power as to 28. (1) Where any institution or school for technical education *& was in existence on the fourth day of January One thousand nine No w43 s 28 nun dred anc * eleven and receives any sums from the Consolidated Revenue in aid of its funds, the Governor in Council,' after the consent of the governing body of such institution or school has been obtained and upon such terms as have been agreed upon between the Governor in Council and the said governing body, may by Order published in the Government Gazette declare that such institution or school shall be under the control and management of the Education Department ; and thereupon the said governing body shall cease to have the control and management of such institution or school.

13 1958. Education. No (2) Every such Order shall contain a description of all real property vested immediately before the making thereof in the institution or school or in any person in trust for it. (3) Upon the publication of any such Order (o) all the real and personal property vested immediately before the making of such Order in such institution or school or in any person in trust for it shall without any further or other authority than this Act be vested in the Minister and his successors subject to any trusts attaching to such real or personal property (which trusts the Minister and his successors are hereby authorized to undertake and execute); (b) all liabilities and obligations of such institution or school or of the governing body or trustees thereof existing immediately before the making of such Order shall by virtue of this Act become and be liabilities and obligations of the Minister and his successors and (where such liabilities and obligations are monetary) they shall be discharged out of any funds from which they might have been discharged if such Order had not been made, and so far as they cannot be so discharged they shall be discharged out of moneys provided by Parliament for the purpose ; (c) all gifts by will or otherwise which if such Order had not been made would have taken effect in favour of such institution or school shall take effect in favour of the Minister and shall be delivered and paid to or otherwise vested in the Minister and his successors for the purposes of such institution or school subject to any trusts attaching thereto (which trusts the Minister and his successors are hereby authorized to undertake and execute) ; (d) the members of the governing body of such institution or school may, pursuant to any agreement made between the Governor in Council and the said governing body in that behalf, be appointed by the Governor in Council to be members of the council of such institution or school under the regulations ; (e) notwithstanding anything in any Act, the Public Service Board or the Teachers Tribunal may, pursuant to any agreement made between the Governor in Council and the said governing body in that behalf, appoint any person employed on the staff of such institution or school who is then an officer within

14 Education. No the meaning of paragraph (c) of the interpretation of " officer " in section three of the Superannuation Act 1958 to an office in the public service or in the teaching service (as the case requires) with an emolument corresponding with or higher than that which he received in such institution or school and with such classification as the Public Service Board or (as the case may be) the Teachers Tribunal on the recommendation of the appropriate committee of classifiers deems proper. (4) The Registrar-General is hereby authorized and directed, upon application in that behalf made to him and accompanied by a copy of the Government Gazette in which any such Order is published, to make all such entries upon the record of enrolment of any Crown grant and upon any memorial as may be necessary or expedient in consequence of such Order. Audit of certain technical institutions. No s (1) Where any institution or school for technical education which receives any sums from the Consolidated Revenue in aid of its funds has been registered under the Companies Act 1938, the Auditor-General may cause an audit to be made of its books and accounts. (2) For the purposes of this section any person making such audit shall have all the powers conferred on him by any law for the time being in force relating to the audit of the public accounts. (3) Any audit made under this section shall be a sufficient compliance with the provisions of the Companies Act 1938 with regard to audits thereunder ; but nothing in this section shall apply to any special audit under the Companies Act (4) It shall not be necessary that any person making an audit under this section shall be appointed by the institution or school or shall hold a licence from the Companies' Auditors Board. Power to grant scholarships. No s. 30. DIVISION 4. SCHOLARSHIPS. 30. (1) Subject to the necessary financial provision being first made by Parliament the Minister may grant scholarships, (including any travelling scholarship and any bursary, free place, exhibition or the like tenable at any school university or other educational institution) entitling the holders to such privileges and allowances as are prescribed under this section.

15 1958. Education. No (2) The Governor in Council may make regulations for or with respect to (a) the conditions under which scholarships may be granted ; (b) the privileges and allowances that may be granted in respect of any scholarships or class of scholarships ; (c) authorizing the Minister to enter into agreements with persons to whom scholarships are granted and with sureties for such persons ; (d) prescribing forms for use in respect of such agreements (and any such form or any form to the like effect shall be sufficient in law) ; (e) generally any matter in connexion with applications for and the granting of scholarships. 31. If any person by subscription gift or will founds or assists scholarships &c. in founding a scholarship or exhibition in connexion with any subscription State school SPsSTA**. (a) any money so provided shall be invested in securities in which a trustee may invest pursuant to section four of the Trustee Act 1958 or in any other manner permitted by the deed of gift or will ; (b) every such scholarship or exhibition when founded shall be open to any pupil on the roll of such school unless the deed of gift or will otherwise provides ; (c) if the school is discontinued the Minister may direct that the scholarship or exhibition shall attach to some other State school ; (d) if circumstances at the school are or become such as not to justify the provision of the scholarship or exhibition for the purposes for which it was founded the Minister may direct that it shall be available for some other appropriate purpose. DIVISION 5. MEALS. 32. The Minister may take such steps as he thinks fit for the provision of provision of meals for children in attendance at any State school ZT**, who are unable to take full advantage of the education provided for them, and for that purpose may (a) appoint any school or other committee which will undertake to provide food for such children ; No s. 32.

16 Education. No (b) aid such committee by furnishing such funds as may be necessary for the organization preparation and service of such meals. Parents to be 33. There shall be charged to the parent of every child in NO^H4? res P ect f ever y mea l furnished to that child under this Division such an amount as is determined by the Minister, and in the event of payment not being made by the parent it shall be the duty of a person duly authorized for that purpose by the Minister, unless the Minister is satisfied that the parent is unable by reason of circumstances other than his own default to pay the amount, to require the payment of the amount from the parent and such amount may by any person authorized by the Minister be recovered before a court of petty sessions as a civil debt recoverable summarily. Teachers not 34. No teacher shall be required as part of his duties to No P<>^«le s 34 supervise or assist or to abstain from supervising or assisting in the provision of meals or in the collection of the cost thereof. PART III. REGISTRATION OF TEACHERS AND OF SCHOOLS OTHER THAN STATE SCHOOLS. interpretation. 35. In this Part " school" means an assembly at appointed ^Sch f ';" ^ times of three or more persons of not less than six nor more than No s. 35. eighteen years of age for the purpose of their being instructed by a teacher in all or any of the undermentioned subjects, namely Reading, Writing, Arithmetic, Grammar, Geography, English or other Language, Mathematics, History, Any Natural or Experimental or Applied Science, Book-keeping, Shorthand, Accountancy but does not include the University of Melbourne or any college affiliated therewith, or any assembly of persons all of whom are members of not more than two families, or any State school or any school aided by the State or any school in any part of Victoria declared by the Governor in Council to be for the purposes of this Act a sparsely populated district.

17 1958. Education. No (1) The Council of Public Education shall make and keep (a) a register of teachers in the form or to the effect of the Third Schedule ; (b) a register of schools in the form or to the effect of the Fourth Schedule. (2) The Council may from time to time (a) make upon the register of teachers an entry of any additional qualification of any registered teacher ; (b) add to or revise the register of teachers ; (c) add to or revise the register of schools. (3) The Council may with the approval of the Governor in Council make regulations for or with respect to (a) determining the courses of study and training and the examinations entitling persons to be so registered as teachers ; (b) regulating the granting by the Council of certificates of registration of teachers or of schools and the form of such certificates ; (c) providing for the keeping of the registers and the mode of registering and making additions or revisions ; (d) defining what schools shall for the purposes of this Part respectively be sub-primary schools, primary schools, junior secondary schools, secondary schools or technical schools (as the case may be) ; (e) regarding the reciprocal admission of teachers from other States ; (f) for or relating to the time and place of and the quorum of meetings of the Registration Committee, and for or relating to the management and conduct of business at such meetings ; (g) generally carrying this Part into effect. Register of teachers and register of schools. No s. 36. Third Schedule. Fourth Schedule. 37. (1) The Council may appoint a special committee to be Registration called the " Registration Committee ". NO^TS. (2) The Committee shall consist of nine members of the Council of whom not less than three shall be representatives of registered schools and one shall be representative of education in music, and the representatives of the Education Department on the Committee shall not exceed in number the representatives of the registered schools. (3) Any member of the Committee ceasing to be a member of the Council shall thereupon cease to be a member of the Committee.

18 Education. No Unregistered teacher not to recover ""'*" in court of law. No s. 38. (4) The Council may remove any member of the Committee and may fill any vacancy however occurring in the office of any member. (5) The Council shall cause to be published in the Government Gazette notice of the appointment or removal of any member of the Committee. (6) The Committee shall report to the Council upon such matters and at such time as the Council directs. (7) The Committee may, subject to any regulations made by the Council under this Part, exercise such powers of the Council under this Act as the Council from time to time delegates to the Committee for (a) determining whether any person applying to be registered under this Part is to be registered as a sub-primary, primary, junior secondary, secondary or technical teacher, or teacher of a special subject or of special subjects ; (b) determining under which of the descriptions mentioned in this Part any school to be registered under this Part is to be registered and the Council shall cause a notice of every such delegation and of the purport thereof to be published in the Government Gazette. (8) The Committee shall with respect to any matter so delegated to it act as and for the Council; but the Council may rescind revoke amend or vary any matter or thing done by the Committee. 38. No person who is not a registered teacher and has not obtained express permission to be employed as by this Part provided shall have the right to sue in any court of law for services rendered as teacher in any school. Registration of 39. (1) No person shall be registered as a teacher unless he No! h 6i43 s. 39 produces evidence which satisfies the Council of his fitness to teach. (2) The registration of any teacher as a teacher of a special subject or of special subjects shall be made only in respect of one or more of the subjects mentioned in the interpretation of " school" in this Part and of such other subjects as are recommended by the Council and approved by the Governor in Council. (3) The general registration of a teacher shall not be deemed to cover the subjects of book-keeping shorthand or accountancy except so far as is expressly certified by the Council after proof to its satisfaction of the teacher's qualifications.

19 1958. Education. No Every person applying to be registered as a teacher shall ^ a } j t " give to the Council sufficient information to determine cous' 6 No s. 40. (a) whether he should be registered as a sub-primary, primary, junior secondary, secondary, or technical teacher, or as a teacher of a special subject or of special subjects ; (b) whether the school (if any) where he is or was employed is or was a sub-primary, primary, junior secondary, secondary or technical school. 41. The Council with the consent of the Governor in Council ^^0^!achet may at any time remove from any register the name of any teacher reregister. 8 ' who after he has had an opportunity of being heard is proved to N s - 4Ithe satisfaction of the Council to have been convicted of felony or of misdemeanour or to have been guilty of conduct unbefitting a teacher. 42. (1) Every school shall be registered in the register of Registration or i i schools. schools as No 6143 s 42 (a) a sub-primary school ; (b) a primary school ; (c) a junior secondary school ; (d) a secondary school ; (e) a technical school; (/) a special school; or (g) a school of any two or more of such descriptions. (2) The proprietor or head teacher of every school shall make application in the prescribed form for registration of the school within fourteen days after the opening thereof. (3) The Council (a) may refuse to register any school if it is satisfied that (i) the instruction to be given in such school will not be of a satisfactory standard ; or (ii) the premises at which the school is conducted are unsatisfactory having regard to the nature and description of the school ; (b) shall not register any school unless satisfied that the instruction in such school will be given through the medium of the English language except only so far as the use of a language other than English is necessary for giving instruction in such other language as a special subject : Provided that where under paragraph (a) of this sub-section the Council has refused to register any school the Minister may on the application of the proprietor or head teacher thereof direct the Council to register such school if he is satisfied that registration should not have been refused.

20 Education. No (1) The Council may cancel the registration,of any school Cancellation of region of tf j t h satisfied that _ (a) the instruction given in the school is not being maintained at the standard appropriate to such registration ; (b) any person employed as a teacher in the school is not registered or has not obtained the express permission of the Council to be employed temporarily as a teacher in the school; (c) the provisions of this Part or any regulations thereunder relating to the registration of schools are not being complied with ; or (d) the provisions of the Health Act 1958 or any regulations thereunder are not being complied with in respect of the premises at which the school is conducted or that such premises are otherwise unsatisfactory as regards drainage light or ventilation or sanitary or other conveniences. (2) If the Council intends to cancel the registration of any school it shall give notice of such intention in writing to the proprietor or head teacher thereof, and within fourteen days thereafter the proprietor or head teacher may as prescribed give to the Minister notice of appeal against such cancellation. (3) The Minister may allow or disallow such appeal ; and if the appeal is allowed the Council shall not proceed further with the cancellation, but if the appeal is disallowed or no notice of appeal is duly given the Council shall cancel the registration of the school. (4) The Council shall cause notice of the fact of any cancellation under this section to be published in the Government Gazette ; and the production of a copy of the Government Gazette containing such notice shall be conclusive evidence of such cancellation and that all matters and things preliminary or incidental thereto or connected therewith have been properly done. Penalties. Exemption. (5) Every person who carries on or conducts or teaches in any school the registration of which has been cancelled under this section shall (unless such school is again duly registered) be guilty of an offence against this Act and liable to a penalty of not more than Fifty pounds. (6) The Governor in Council by Order published in the Government Gazette may exempt from the operation of this section instruction in any specified subject in any school or any class or kind of school and may vary or revoke any such exemption.

21 1958. Education. No (1) No person shall carry on or conduct any school or unregistered schools And teach in any school unless such school has been registered. teachers. No s. 44. (2) No person shall teach in a school any of the subjects " mentioned in the interpretation of " school" in this Part unless such person (a) is registered ; or (b) has obtained the express permission of the Council to be employed temporarily as a teacher in such school. (3) No proprietor or head teacher of a school shall employ as a teacher in such school any person who (a) is not registered ; or (b) has not obtained the express permission of the Council to be employed temporarily as a teacher in such school. 45. Unless otherwise expressly authorized by the Council, the Notice of proprietor or head teacher of any registered school shall have S^oofeo** legibly printed or painted in a conspicuous place near the main be displayed, entrance to such school (a) the name of the school ; (b) the name of the proprietor or head teacher of the school ; and (c) a statement of the fact that the school is registered and of the description under which it is registered. No s> 45 ' 46. (1) The proprietor or head teacher of every registered Returns by school shall furnish to the Director ' SK? 0 " reoistcrcd (a) not later than seven days after the last day of each schools. month in which the school has been at any time No - 6I43 s open a return as set forth in Form A in the Fifth Fifth ScheduIe - Schedule or to the like effect; (b) on or before the last day of July in every year a return as set forth in Form B in the Fifth Schedule or to the like effect. (2) Every proprietor or head teacher of a registered school Penalties. who (a) refuses or fails to furnish any return as required by this section ; or (b) wilfully makes any false entry in any such return shall be liable to a penalty of not more than Twenty pounds

22 Education. No Attendance register in registered schools. No s. 47. Penalties. 47. (1) The head teacher of every registered school at which children of school age attend shall cause the attendance of such children to be marked in ink in an attendance register in a form approved by the Minister. (2) Unless otherwise expressly authorized by the Minister the attendance register shall be so marked before and after noon on each day on which the school is open and at least two hours before the time fixed for closing the school either in the morning or the afternoon ; and only those children who are present at the time when the attendance register is so marked shall be marked therein as present. (3) All attendance registers of a registered school shall be kept in the school and shall when the school is open be available for inspection at all times by any person authorized by the Minister. (4) Every head teacher of a registered school who refuses or fails to mark such attendance register as required by this section or who refuses to permit any such inspection thereof shall be liable to a penalty of not more than Twenty pounds. Fee for registration. No s (1) Where a teacher or a school has been registered no fee shall be required for any further registration of that teacher or school. (2) With each application for registration there shall be deposited with the accountant of the Education Department the following fees : (a) For the registration of a teacher (b) For the registration of a school Five shillings ; Five shillings. (3) If any application for registration is refused by the Council such fee shall be returned to the applicant; otherwise such fee shall be paid into the Consolidated Revenue. Publication of 49. (1) A copy of the register of teachers and a copy of the regtae'rl register of schools shall when directed by the Minister be published NO. 6i43 s. 49. in the Government Gazette. (2) In the month of January in every year in which copies of the register of teachers and of the register of schools are not to be published, supplementary lists showing all alterations additions

23 1958. Education. No revisions and removals made in such registers since the last publication of the register or of a supplementary list shall be published in the Government Gazette. (3) Until the next publication of a copy of the register to which such list refers, every supplementary list so published shall be deemed to be part of the last published copy of such register and such last published copy shall be read and construed as subject to every such list. (4) Where a copy of the register of teachers has been so Evidence, published, such copy as supplemented by all published supplementary lists shall until the next publication of a copy of the register of teachers be prima facie evidence in all courts and before all persons acting judicially that the teachers therein specified as registered are registered according to the provisions of this Part ; and the absence of the name of any person therefrom shall, until the contrary is made to appear, be evidence that such person is not a registered teacher. (5) Where a copy of the register of schools has been so published, such copy as supplemented by all published supplementary lists shall until the next publication of a copy of the register of schools be prima facie evidence in all courts and before all persons acting judicially that the schools therein specified as registered are registered according to the provisions of this Part ; and the absence of the name of any school therefrom shall, until the contrary is made to appear, be evidence that such school is not a registered school. 50. In all courts and before all persons acting judicially a cam** certificate that any person is or is not a registered teacher or that Since?"' any school is or is not registered shall if signed by the registrar No - 6I43 s of the Council be prima facie evidence of the fact therein stated. 51. For the purpose of ascertaining whether a school is being Inspection of conducted or whether the provisions of this Act and the regulations ^ ' 3 s 51 are being complied with or whether any buildings in which a school is held are provided with proper access drainage light ventilation and sanitary conveniences and means for extinction of fire or are in disrepair, the Council or any person appointed by it may at any time with or without previous notice enter any building and the premises appurtenant thereto. 52. Every person who {a) wilfully makes or causes to be made any falsification in any matter relating to any register of teachers or register of schools ; or False representation. No s. 52.

24 Education. No (b) by false representation procures himself to be registered under this Part, or not being so registered fraudulently represents himself as being so registered shall be liable to a penalty of not more than One hundred pounds or to imprisonment for a term of not more than Twelve months. Atendance at " ""'j Excuses. Parents to notify teacher of absence. PART IV. ATTENDANCE AT SCHOOL. 53. (1) The parents of every child of school age shall, unless there is a reasonable excuse for the child's non-attendance, cause such child to attend a State school on every school half-day in each week. (2) Attendance at a school on any school day for two hours before noon or for two hours after noon shall in each case be attendance on a school half-day. (3) It shall be a reasonable excuse as regards any child that (a) the child is under efficient and regular instruction in some other manner and is complying with the like conditions of attendance as are required under this section with regard to attendance at State schools ; (b) the""child has been prevented from attending school by sickness, reasonable fear of infection, temporary or permanent infirmity or any unavoidable cause ; (c) the child has been excused by a general or particular order of the Minister ; or (d) there is no State school which the child can attend within a distance (measured according to the nearest practicable route) from the residence of the child (i) of two miles if the child is under nine years of age ; or (ii) of three miles if the child is at least nine years of age and that the child is being educated by correspondence tuition. (4) In the event of any child being unable for any reason to attend school on a school half-day the parent if so required by the teacher of the school shall within five days by himself or an authorized agent inform the teacher of the reason of the child's non-attendance ; and all such information shall be reduced to writing and filed by such teacher for inspection by any authorized