Blind, Deaf, and Dumb Children Instruction Act of 1924 (15 Geo v No. 21) (Qld)

EDUOATION. ss. 1, 2. 15 GEO. V. No. 21, 1924. Blind, Deaf, and Dumb Ohildren, Etc., Act. 10931 EDUCATION. An Act to Make Better Provision for the 15 Geo. V. Instruction of Blind, Deat~ and Dumb TH N E o B . L 2 I 1 ~ . D. Children in Queensland. DEAF, A~ D DUMB CHILDREN [ASSENTED TO 28TH OCTOBER, 1924.] INSTRUCTIO:>" ACT OF 1924. B E it enacted by the King's Most Excellent Majesty, . by and with the advice and consent of the Legis- lative Assembly of Queensland in Parjament assembled, and by the authority of the same, a,s follows:- 1. This Act may be oited as "The Blind, Deaf, and Short title Dumb Ohildren Instruction Act of 1924," and shall come aconmd mence- into operation on the first day of July, one thousand ment of Act. nine hundred and twenty-five. 2. In this Act, unless the context otherwise indicates, Interpreta- the following terms have the meanings set against them tion. respectively, that is to say :- "Blind"-Too blind or deficient in the power of Blind. sight to be able to read the ordinary school books used by children; " Child"-A child of not less than seven nor more Child. than sixteen years of age; " Deaf "-Too deaf to be taught in a class of Deaf. hearing children in· a primary school; "Efficient and regular instruction"-Instruction Efficient and pofressuccn . h b es d ta;ndard and in such subj ects as are : mesgturulacrtlO. n. "Institution"-An institution established or Institution. approved by the Minister for the instruction of blind or deaf or dumb children; "Maintenance" includes clothing; Mainten- anee. " Minister"-The Home Secretary or other Minis- Minister. ter of the Crown charged for the time being with the administration of this Act; "Parent" includes guardisJn and every person Parent. who is liable to maintain or has the actual custody of a child, and any person with whom a child resides or who is occupier of a house in which a child resides;

10932 s.3. EDUCATIOX. Blind, Deaf, and Dumb Children, Etc., Act. 15 GEO. V. No. 2], Prescribed. " Prescribed "-Prescribed by this Act or Regula- tions made thereunder. Compulsory instruction 3. (1.) Where a child is blind or deaf or dumb it of blind, shall be the duty of the parent of such child to provide ddueamf,band for the efficient and regular instruction of such child. children. (2.) Where any such parent is unable to provide for such instruction he shall- (a) Give notice of such inability to the Mjnister; and (b) Send the child to such institution as the Minister may by general or special order direct; and (c) Contribute towards the maintenance of the child at such institution such sum (if any) as is fixed by the Minister; but no contribution shall be required towards the cost of the education of such child at such institution. (3.) 'Where any parent refuses or fails to comply with any of the foregoing provisions of this section- (a) Any person authorised by the Minister may apply to a justice for a summons to such parent, calling upon him to appear at a time and place therein specified before a court of petty sessions to show cause (as the case may be) why the child should not be sent to such institution or why the parent should not make such contribution; and upon such application being made such justice shall issue a summons accordingly; (b) Upon hearing the summons the court may, if the case so requires, order that the child be sent to such institution, and in such case shall state the period of attendance, which period shall terminate not later than the time when the child will attain the age of sixteen years; and may (if the case so requires and unless the court is satisfied that the parent is unable to contribute any sum whatever) order that the parent contribute such sum as the court may fix, not exceeding fifteen shillings per week, towards the maintenance of the child at such insti tution.

EDUCATION. ss. 4-6. 10933 1924. Blind, Deaf, and Dnmb Children, Etc., Act. (4.) Where any child is ordered under this section to be sent to any institut~on- (a) If such order is limited to attendance at such institution without residence thereat, such attendance shall mean attendance on every school day during prescribed hours; (b) It shall be the duty of the parent to cause the child to be sent to such institution as required by such order unless the child is prevented by sickness or fear of infection, temporary or permanent infirmity, or any unavoidable cause; and (c) The parent of any child who refuses or fails to cause such child so to be sent to such institu- tion shall be liable to a penalty not exceeding five shillings for a first offence, and for any subsequent offence to a penalty not exceeding two pounds. 4. Wherever by this Act a duty or obligation is Who may imposed on the parent or parents of any child- ~ :~ l:r: :d (a) Any parent of the child may perform or be ?bligatioDB required to perform such duty or obligation. ~ I~Ye~: : ~ on (b) Compliance with any such duty or obligation with regard to the child by any parent shall be a sufficient compliance with the duty imposed on the parent or parents. 5. (1.) The question whether efficjent and regular Decision as inRtruction is being provided for a blind or deaf or dumb ~ o textet~t of C h 1 'ld or not shaII b· e a matter for t h e deC. lS.lOn 0 f the Ins ruc IOn. Minister, who may, if he deems it necessary, obtain a report on the matter by some person authorised by him in that behalf.. (2.) In order to ascertain whether efficient and Inspection. regular instruction is given to the children attending an institution, the Minister may cause an inspection of such institution to be made by an officer authorised by him in writing. 6. Where under this Act a child has been ordered Varying to be sent to any institution, any court of petty sessions, ~ ~!~ ~b~ : on the application of any person liable to make any such tion to main- contribution or of any person authorised by the Minister, tenance. may from time to time, having regard to the means and circumstances of the parents of such child, vary any such order for contribution as has been made, or, if no

10934 ss. 7-10. EDUCA'1'10:'\. Blind, Deaf, and D1l1nb Children, Etc., Act. 15 GEO. V. No. 21, order for contribution has been made, may make such order for contribution as it thinks just, but shall not in any case order the contribution of a sum exceeding fifteen shillings per week. Recovery, 7. (1.) Where under this Act any order is made t&ricb. , utoifoncosn. - for the payment of any contribution towards the maintenance of a child, such order shall state to whom and at what time the moneys payable thereunder are to be paid. (2.) If any person by whom moneys are to be contributed under or pursuant to any provision of thie Act does not duly pay the same, such moneys shall be recoverable as a debt in any court of competent juris- diction either hy the Minister in his official name or by the person to whom the moneys have been made payable. Proceedings 8. All proceedings for offences against this Act shall foofrpreencaolvtyer.y b Ju e s h ti e c a e r s d A a c n t d s, de1t8e8r6mi to ne1d9i2n4a" suormmanayryAwcatyaumnednedri * n " g Th o e r in substitution for those Acts, upon the complaint of any person authorised in that behalf generally or in any particular case by the Minister. Costs. 9. In any proceeding under this Act, whether for a penalty or for the recovery of any contribut,ion, the costs of such proceeding shall be in the discretion of the adjUdicating court. Eyidence. 10. In any proceeding under this Act- (et) No proof that authority has been given by the Minister to institute such proceeding shall be required until evidence is given to the contrary; (b) The burden of proving the grounds of excuse for the non-attendance of any child at an institution, or, if any chUd is not attending an institution, that efficient and regular instruction of such child is being otherwise provided, shall lie upon the defendant; (c) Where a child is apparently of the age alleged, the burden of proving that the child is not of such age shall lie on the defendant; (d) A certificate purporting to be signed by a legally qualified medical practitioner, certify- ing that in his opinion the sight or hearing * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seq., ".nd infra, page

EDUCATIOK. s. 11. 10935 1924. Blind, Deaf, and Dumb Children, Etc., Act. or speech of the child therein mentioned is so defective as to render such child unfit to be instructed except by special means, shall be prima jar;ie evidence that such child is blind or deaf or dumb, according to the nature of the certificate. 11. The Governor in Council may from time to Regulations. time make regulations for all or any of the following purposes ;- (a) The establishment of institutions under this Act; (b) The approval of such institutions; (c) The instruction to be given in such institu- tions and the standard thereof; (d) The hours for instruction of children in an institution; (e) Generally for carrying this Act into effect. All such regulations shall be published in the Gazette and shall thereupon have the same effect as if they were enacted in this Act, and shall be judicially noticed. All such regulations shall be laid before the Legis- lative Assembly within fourteen days after the publication thereof if the Legislative Assembly is then in session, or if not, then within fourteen days after the commencement of the next session of the Legislative Assembly. EXECUTORS. See TRUSTE ,. ES AND EXECUTORS. FRIENDLY SOCIETIES. See SOCIETIES. GOVERNMENT LOANS. See LOANS.