EDUCATION ACT An Act to consolidate the Law relating to Education. 54 VICTORIA, [10th July, 1890.]

Transcription

1 EDUCATION EDUCATION ACT An Act to consolidate the Law relating to Education. 54 VICTORIA, [10th July, 1890.] N B E the it enacted advice and by the consent Queen's of the Most Legislative Excellent Council Majesty and by the and Legis- with " The Actim Education " lative 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 1890, and shall short title and come into operation on the first day of August One thousand eight «"» menoemmt - hundred and ninety. 2. The Acts mentioned in the First Schedule to this Act to the Repeal, extent to which the same are thereby expressed to be repealed are First schedule. hereby repealed. Provided that such repeal shall not affect any appointment order or regulation made, or any certificate given, or any lease or contract entered into or executed, or any election pending, or any classification allowed under the said Acts or any of them before the commencement of this Act.. 3. In the construction' and for the purposes of this Act the Interpretation. following terms shall if not inconsistent with the context or subject- n. s. 3. matter have the respective meanings hereby assigned to them (that is to say): ' "Board of Education" shall mean the Board which existed "Boardof under the Act No Education." "Child" shall mean child of school age, that is to say a child "Child." of not less than six years and of not more than thirteen Yctlm"? 2 n years. " Denominational body" shall mean any church religious body "Denomina ; sect or congregation, or the members of any church formed t Tn^miLaUon into or acting as a body of persons for religious purposes of Actisn-s.a. - what kind of faith or form of belief soever. "Minister" or "Minister of Public Instruction" shall mean "Minister." the responsible Minister of the Crown administering this ^ft^rmtruc- Act. tion." " Parent" includes guardian and every person who is liable to " Parent." maintain or has the actual custody of any> child and any "/ctamnd auon person with whom a child resides or who is the occupier of Actisi6"s. 2 a house in which a child resides.

2 1132 EDUCATION ACT [54 Vicf. "The Education Act 1889" s. 2. " Quarter of a year." " State school." "The Education Act\812" s. 3. "Standard of education." 'Teacher." Money voted how expended. lb. s. 4. Lands to Vest in Minister. Eduoatton Department. lb. e. 6. Apnointmont ana removal of officers. Minister of Public Instruction to hold property. lb. s. 6. No action or suit shall be maintained against the Minister of Public Instruction. lb Tower to establish and discontinue State schools and to sell property. lb. s. 8. " Quarter of a year" shall mean one of the periods of three months ending on the thirty-first day of March thirtieth day of June thirtieth day of September and thirty-first day of December respectively. "State school" shall mean a school conducted in a building vested in the Minister of Public Instruction and his successors in fee or for any lesser estate and shall include training school rural school night school and any other special school for which regulations may be made. " Standard of education " shall mean and include competency in reading writing and arithmetic to the satisfaction of an inspector of schools. " Teacher" includes assistant teacher pupil teacher sewing mistress and every person who forms part of the educational staff of a school. 4. No money voted for the purposes of this Act shall be paid in or towards the support of any school except for the purposes hereinafter expressly provided. And no Crown lands shall be reserved or granted for the site of a school or college after the passing of this Act except the same be vested in the Minister. 5. For the better carrying out of the provisions of this Act there shall be an Education Department consisting of a Minister of Public Instruction, who shall be a responsible Minister of the Crown, a Secretary, an Inspector-General, inspectors, teachers, and such other officers as may be deemed necessary; and such Secretary, Inspector-General, inspectors, teachers, and other officers shall, subject to the provisions of the Public Service Act 1890, be appointed and removed by the Governor in Council. 6. All property which may be acquired for the purposes of this Act shall be conveyed to the Minister and his successors, and all property vested in or belonging to the Minister at the commencement of this Act shall continue to vest in such Minister and his successors for the time being administering this Act, and every such Minister for the time being may sell or otherwise dispose of any such property and may do and 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. 7. No action or suit shall be brought or maintained against any person who shall be or shall have been a Minister of Public Instruction for any nonfeasance or misfeasance in connexion with the duties imposed upon him by this Act. 8. State schools may from time to time be established extended and maintained in such places as may be deemed desirable, and for that purpose any existing school building which at the time of the commencement of " The Education Act 1872" was receiving aid from the Board of Education but was not vested in the said Board may be purchased or leased from year to year, and any State school may be discontinued and the property connected therewith sold or leased.

3 No ] EDUCATION ACT Trustees holding lands in trust for school purposes, or a majority The Education of such trustees, may and are hereby authorized to sell or let from year ^^3"J' 9 ' to year to the Minister of Public Instruction such lands and any buildings school lands emerected thereon upon such terms as may be agreed upon, any condition K'tom year or restriction against alienation notwithstanding, and the purchase money to year - 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 the denominational body may deem most beneficial. 10. All lands which at the commencement of " The Education Act Howtheiana 1872" that is to say the first day of January One thousand eight ^tedtcnoo "" hundred and seventy-three had been granted by the Crown without ^disposed of ay receiving any purchase money, or reserved by the Crown permanently i 0. s. n. 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 may have been granted or reserved, and the proceeds of disposition applied for the purposes of such denominational body in such manner as the denominational body may deem most beneficial. 11. In every State school secular instruction only shall be given Four hours' and no teacher shall give any other than secular instruction in any State Sto""give n school building and in every school used under this Act not being a n.«. 12. training school night school rural school or other special school four 33&3ivict. hours at least shall be set apart during each school dayfor secular instruction alone, and of such four hours two shall be before noon, two after noon, which shall in each case be consecutive; but nothing herein contained shall prevent the State school buildings from being used for any purpose on days and at hours other than those used for secular instruction. 12. The secular instruction to be given in every State school shall Laws of health n in the case of children over nine years of age include the teaching of? e S son e s mperance lessons from some recognised lesson books on the laws of health and from "TheEducatim Aet im some recognised temperance lesson books. s ' 10 ' 13. The parents of children of not less than six years nor more than children of thirteen years shall cause such children (unless there is some reasonable infracted/ 0 be excuse) to attend school forty school days in each quarter of a year, and "The Education attendance at school for two hours before noon on any two days or for i^^educaaon two hours after noon on any two days shall respectively be deemed to be Act Amend. one school day's attendance. Any of the following reasons shall be a invi K ss ' 2 reasonable excuse: "TheEducation Act 1889" (1.) That a child is under efficient instruction in some other es - 3 and & 34 Vict.. manner: (11.) That the child has been prevented from attending school by what win bo sickness, fear of infection, temporary or permanent in- awe n ex d ouse. ason " firmity, or any unavoidable cause: (in.) That there is no State school which the child can attend within a distance of two miles, measured according to the nearest road from the residence of such child; excepting «The Education when the child is more than nine years of age then the jf t ^"^ 4. distance shall be within two miles and a half from the residence of such child measured as aforesaid; and when

4 1134 EDUCATION ACT [54 VICT. "TheEducation the child is more than twelve years of age then the AI\ im^" distance shall be within three miles from the residence of such child measured as aforesaid: "TheEducation ( Iv 0 That the child has been educated up to the standard. Act 1872." j n ^e even 0f anv ch}id on the T0\\ 0f a g c hool being unable to attend for any reason the parent shall inform the master of the school of the 1. same. "TheEducatim Whenever any child has attended school for eighty school days in any two consecutive quarters of a year it shall be unnecessary for such child to attend for the full period of forty school days in the second of such quarters. If a child of thirteen years cease to attend school before having been for four quarters of a year in the fourth class then until, such child shall attain the age of fifteen years or shall obtain a, certificate of exemption from compulsory attendance such child shall, attend not less than five hours a week at any, such night school school of mines technical school or other school as may for the time being be approved by the Governor in Council. Any such child of thirteen years not residing within three miles of a night school school of mines, or technical school shall be entitled to a certificate of exemption if such child has attended school for the required number of school days in each half-year for a period of two consecutive years immediately' preceding the day on which it claims such certificate of exemption. Parent neglect- 14. The parent of any child who neglects to cause such child to chfld to achool attend school as provided in the last preceding section may be sumpen ty moned by any person authorized by the Minister or the local boards of able t0 a "TheEducation advice before a justice, and on conviction of such offence shall forfeit "Th^Ed'ueation an d P 8^ a sum n0 * exceecun g Five shillings for a first offence and not Act Amend. less than Five shillings nor more than Twenty shillings for every "TheEducation succeeding offence, or in default may be imprisoned for a term not Act 1889"«. e. exceeding seven days. 33&34Vict. Provision as to 1 5. When any child resides within such a distance of a State school 00 at hsf-lfmo as no * * ^e exem P* from attending thereat by virtue of the provision; schools. of sub-section (in.) of section thirteen of this Act, then (if such child 'Mim"Ti n do not reside within such distance as aforesaid of any State school in which secular instruction is given on five days of the week) the number' of school days on which such child shall be deemed to be required under' the provisions of section thirteen of this Act to attend school in each; quarter of a year shall be twenty-four. For the purpose of this section' any two separate half-days shall be taken to constitute one school day.' Minister may 16. The Minister may by an order to be published in the GovernfTproceedin^ inent Gazette from time to time appoint and remove some person for ^Th^r auv. scno l district as the person authorized to summon any parent Act Ammd. um resident therein under the fourteenth section of this Act, and the pro- Act me"«. e. Auction 0f a COpy 0f the Government Gazette purporting to contain such man o cere. o r (j e r s h a ii \, e conclusive evidence that such person is so authorized in _... all cases. Return showing number of - M s\., i /»»i children resid- 17. Once in every two years some person appointed for the purpose house between shall leave at each house a printed return in the form of the Second school ages. Schedule hereto to be filled up by the parent showing the children ssuie. between school ages residing in such house and shall within ten days

5 No ] EDUCATION ACT call for the same. If the parent shall neglect to fill up such printed "TheEducation form of return or if unable to write shall refuse to give the information j^ttm"i'.i. to such person to enable him to fill up such printed form of return or shall wilfully fill up such printed form of return with an untrue statement or give false information to such person he or she shall be liable on conviction before a justice to forfeit and pay a sum not exceeding Five pounds or in default to be imprisoned for a term not exceeding one month. From such forms of returns there shall be compiled a roll for Boll of children each school district of the children resident therein between school!^een BCh001 ages. 18. A certificate purporting to be under the hand of the principal Certificate of teacher of a State school stating that a child is or is not attending such KsTafe'sonooi of faots school or stating the particulars of attendance of a child at such school, ^nce or stating that a child has been certified by an inspector of schools to n.,. '$. have been educated up to the standard shall be evidence of the facts 86 & 37 vict. stated in such certificated '* B - 24(v) ' 19. For the purpose of any proceeding taken for or in relation to onus of proof of the non-attendance at school of any child the burden shall lie on the j o e and age defendant of proving the grounds of excuse mentioned in the thirteenth aidant! section of this Act and where a child is apparently of the age alleged it n. «. 9. shall lie on the defendant to prove that the child is not of such age. n>-» 24 ( vi >- A certificate purporting to be under the hand of the principal certificate of teacher of the State school nearest to the residence of any child stating J" Surest state that such child did not during the period mentioned in such certificate 5^^^ attend that State school shall be primd facie evidence that such child e de " c n f "l 0 "" did not attend any State school during such period, any State school. 20. The Governor in Council may constitute and define school school districts districts containing one or more State schools, and in any such district? y!' lt "' ed ',. a board of advice shall be elected in the manner hereinafter provided: Aetvm n l. 15. Each such board of advice shall consist of not less than five nor more Boards of advice than seven persons one of whom shall be the correspondent, but any ^^ucakon member may be at any time removed by the Governor in Council. Act 1889"«. 7. Vacancies other than casual vacancies in boards of advice shall be filled up in the same manner as is herein provided for the election of such boards. The duties of such boards shall be: (1.) To direct with the approval of the Minister what use shall Duties defined, be made of school buildings after the children are dismissed from school or on days when no school is held therein: (11.) To report on the condition of the schools, as to the premises and their condition, whether new schools are required, and as to books, furniture, gymnastic appliances, or other requirements: (in.) To suspend any school teacher for misconduct and report the cause of such suspension to the Minister: (a) A certificate under this section is evidence the parentage of the child mentioned in it. Reg. only of what theact requires it to contain, not of v.learmonth, ex parte McKay,4cV.li.'R.('L.), 162.

6 1136 EDUCATION ACT [54 VICT. "TheEducation Act 1872 ' (rv.) To visit the schools from time to time, and to record the number of children present, and their opinion as to the general condition and management of the schools: (v.) To use every endeavour to induce parents to send their children regularly to school, to compare the attendance of children at school with the roll for the school district, and to report the names of parents who fail or refuse to educate their children or to send them to school: (vi.) To recommend the payment by the Education Department of school fees or the grant of a scholarship or exhibition in the case of any child displaying unusual ability. Boards of advico 21. Every such board of advice shall be elected by the rateratepayeri payers residing in the school district in manner provided by regulations ib. s. 16. of the Governor in Council, and the Governor in Council may from 'Ztim l "T t 'i on ti me * ti me nx ^ne dates of all elections to be held for members of 33 & 34 vict. boards of advice, and where from any cause a board of advice is not o. 75 s. 29. elected in any district the Governor in Council may appoint a board of advice for such district. Instruction free 22. The instruction of all children attending school in the subjects ThiriKcluio. specified in the Third Schedule hereto' shall be free. For instruction "TheEducation in. other branches fees shall be charged to the parents in accordance Third^hcduie w i* n a SCSb^e * ^ e ^xe^ aq d * ne teacher shall be entitled to such fees subject to a percentage to be deducted, which shall be applied as a fund for the payment of the teachers by way of results. Regulations 23. The Governor in Council may from time to time make and rescinde'd.!wle or rescind regulations for all or any of the following purposes: n. s. is.. ]? or regulating 'Ztim at 7 m the terms upon which school buildings may be used as aforesaid; the number of members (whether five, six, or seven) of which each or any board of advice shall consist; the term (in no case to exceed three years) for which the members thereof may hold office; the order of retirement of members by rotation or otherwise; the filling up of casual vacancies; the mode in which nominations shall be made and polls taken; the form of the ballot-papers; the powers and duties of the returning officer and his deputies; and generally all matters whatsoever necessary for the proper carrying out of such elections ; the conditions under which scholarships or exhibitions and exemptions from payment of fees may be granted; the secular instruction to be given in all schools under this Act; the system upon which the standard of education shall be determined; the drilling of children and gymnastic exercises; the inspection of schools ;

7 No ] EDUCATION ACT the examination and classification of teachers: Act the payments by way of results; im " the scale of fees to be paid by parents ; the distribution of such fees amongst the teachers, and the deduction and appropriation of a percentage thereof for payments by way of results; and generally for carrying this Act into effect. All such regulations shall be laid before both Houses of Parliament Regulations to within fourteen days after the making thereof if Parliament be then PaJna^nt.' 6 sitting, and if Parliament be not sitting, then within fourteen days after the commencement of the next sitting of Parliament. " The Education 24. An annual report of the condition of the schools under this Annual report to Act shall be laid before both Houses of Parliament in the month of Parii b o e nt ṛo March in each year, if Parliament be then sitting, and if Parliament be n. s. w. not then sitting, then within one month after the commencement of JJf^vjet. the next ensuing session thereof. 25. When any child is educated up to the standard of education Certificate that required by this Act such child shall receive a certificate in the form in educated. the Fourth Schedule hereto. n.». 20. Fourth 26. Any person may collect raise or give a sum of money towards schedule. founding a scholarship or exhibition in connexion with any State school, exwwtslls nmy and money or land or both may be bequeathed for that purpose. In J^nf "^jfj" th every case the money shall be invested in Victorian Government stock, any state school. Every such scholarship or exhibition shall be open to any child on 76 -* the roll of such school. In the event of any school for which a scholarship or exhibition is founded being discontinued the Minister may direct that the scholarship or exhibition shall attach to some other State school. 27. Half-yearly examinations shall be held by the district in- Hait-yeariy spectors in each school district for the purpose of the examination of ^^dz^um children not attending State schools. Act isso"«. 5. Parents whose children are educated otherwise than at a State Certificates for school shall be at liberty to offer them for examination at such half- ohiwren Ught yearly examinations; and if the district inspector certifies in writing that any such child is being educated up to the required standard, such certificate shall be conclusive evidence of the same, and until the next half-yearly examination be held such certificate shall be deemed a " reasonable excuse" within the meaning of section thirteen of this Act. 28. The proprietor principal head master or principal teacher of Proprietor every school for the education of children not being a State school or EteToV^rhL Sunday school shall in the month of January in each year furnish to ^J,{^, e^h the Education Department a return showing the name and surname sex return to age last birthday residence and number of school days attendance of each Department. child who attended his school during the preceding year and if such «The Education proprietor principal head master or principal teacher refuse or neglect ^f t $$$% 10. to furnish such return he shall be guilty of an offence against this Act and may be summoned by any person authorized by the Minister before a justice and on conviction forfeit and pay a sum not exceeding Five pounds.

8 1138 EDUCATION ACT SCHEDULES. Section 2. FIRST SCHEDULE. Date of Act. Title of Act. Extent of Repeal. 36 Viet. No Vict. No Vict. No " The Education Act 1872"... " The Education Act Amendment Act "1876" " The Education Act 1889 "... So much as is not already repealed. So much as is not already repealed. The whole except section 8. Section 17. SECOND SCHEDULE. Dwelling-house situated in RETURN of Children between the Ages of Three and Fifteen years. No. Name and Surname of each Child in full. Sex. Age last Birthday. Where under instruction, showing whether at home, at a private or public school, or State school, and if the last named adding the number of such school fi fi William Henry Brown M. 7 At State School No. 26 The foregoing is' a true statement of children between school ages residing in this dwelling-house. Witness my hand Signature of parent Rank profession trade calling or occupation Dated this day of A.D. 18. N.B. If tho parent be a marksman the signature to be witnessed. Section 22. Reading, Writing, Arithmetic, Grammar, Geography, Drill and, where practicable, Singing, Drawing, and Gymnastics, THIRD SCHEDULE. Lessons from some recognised lesson books in tho Laws of Health, and from some.recognised Temperance Lesson Books (in case of children over nine years of age); and > Sewing and Needlework in addition for Girls. Section 25. FOURTH SCHEDULE. CERTIFICATE OF EXEMPTION FROM COMPULSORY ATTENDANCE. I hereby certify that has been educated up to the standard of education required by the Education Act Dated this day of, A.D. 18. Inspector.