Education Act 1945

Legislation au C1945A00055 Not in force Act

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EDUCATION.

 

No. 55 of 1945.

An Act to establish a Commonwealth Office of Education and a Universities Commission, to provide for the University Training of Discharged Members of the Forces, to provide for Financial Assistance to University Students, and for other purposes.

[Assented to 11th October, 1945.]

[Date of commencement, 8th November, 1945.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title.

1. This Act may be cited as the Education Act 1945.

Parts.

2. The Act is divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—The Commonwealth Office of Education.

Part III.—The Universities Commission.

Part IV.—Miscellaneous.


Definitions.

3. In this Act, unless the contrary intention appears—

“approved institution” means a research institution, teaching institution, or institution providing training, which the Minister, by notice published in the Gazette, declares to be an approved institution for the purposes of this Act;

“Australia” includes the Territories of the Commonwealth;

“Commissioner” means a member of the Commission;

“similar institution” means a research institution, teaching institution, or institution providing training, which, in the opinion of the Commission, is similar or related to a University or provides higher or professional teaching or training;

“student” means a student enrolled, or applying for enrolment, at a University, an approved institution or a similar institution;

“the Chairman” means the Chairman of the Commission;

“the Commission” means, the Universities Commission constituted by this Act;

“the Director” means the Director of the Commonwealth Office of Education;

“University” means a University within Australia, and includes any University College which the Minister, by notice published in the Gazette, declares to be a University College for the purposes of this Act.

Extension to Territories.

4. This Act shall extend to the Territories of the Commonwealth.

Part II.—The Commonwealth Office of Education.

Commonwealth Office of Education.

5.—(1.) There shall be a Commonwealth Office of Education.

(2.) The functions of the Commonwealth Office of Education shall be—

(a) to advise the Minister on matters relating to education;

(b) to establish, and maintain a liaison, on matters relating to education, with other countries and the States;

(c) to arrange consultation between Commonwealth authorities concerned with matters relating to education;

(d) to undertake research relating to education;

(e) to provide statistics and information relating to education required by any Commonwealth authority; and

(f) to advise the Minister concerning the grant of financial assistance to the States and to other authorities for educational purposes,

and shall include such other functions in relation to education as are assigned to it by the Minister.

Director of Commonwealth Office of Education

6.—(1.) There shall be a Director of the Commonwealth Office of Education, who shall, under the Minister, have the chief control of the Commonwealth Office…

Overview

The Education Act 1945 was enacted by the Commonwealth Parliament to address the urgent need to facilitate the education and re-establishment of discharged members of the armed forces following World War II. This Act established the Commonwealth Office of Education and the Universities Commission to manage the university training of these individuals and to provide financial assistance to university students. The Act's overarching policy objective was to support the education sector and assist in the reintegration of veterans into civilian life through structured educational programs. The Act also provided for the establishment of a framework for the administration and oversight of educational institutions, ensuring that educational services were coordinated and aligned with national objectives.

Scope and Application

The Education Act 1945 establishes the Commonwealth Office of Education and the Universities Commission with the aim of providing for the university training of discharged members of the forces and offering financial assistance to university students. This Act applies across Australia, including its territories, and its provisions extend to all research institutions, teaching institutions, and training institutions within this jurisdiction. The Act defines terms such as "approved institution," "student," and "University," which are essential for its interpretation and application. The Act does not explicitly provide for exclusions or exemptions, and its implementation is subject to regulations made by the Governor-General under its authority. These regulations can include provisions for penalties for contraventions, further defining the scope and enforcement mechanisms of the Act.

Key Provisions

  • The Education Act 1945 establishes the Commonwealth Office of Education and the Universities Commission, with the overarching goal of supporting educational institutions and providing financial assistance to students. Section 5 outlines the establishment of the Commonwealth Office of Education and its functions, which include advising the Minister on education matters, establishing liaisons with other countries and states, arranging consultations between Commonwealth authorities, undertaking educational research, providing educational statistics, and advising on the grant of financial assistance for educational purposes. Section 6 details the appointment and conditions of the Director of the Commonwealth Office of Education, who is responsible for the chief control of the Office. The Director's role includes submitting an annual report to the Minister, as mandated by Section 7.
  • The Act imposes specific obligations on the parties it governs. The Universities Commission, established under Section 8, is responsible for the general administration of the Act and consists of a Chairman and three other members, with the Chairman also serving as the Director of the Commonwealth Office of Education. Section 9 specifies the appointment and terms of the Commission members, while Section 10 allows the Governor-General to terminate a Commissioner’s appointment for inability, inefficiency, or misbehaviour. The Commission is tasked with arranging training for discharged members of the Forces, assisting other persons in obtaining university training, providing financial assistance to students, and advising the Minister on related matters, as outlined in Section 14. The Governor-General may also appoint State Committees, as described in Section 15, to advise the Commission on state-specific educational matters.
  • The Act includes provisions for the consequences of non-compliance. Section 19 empowers the Governor-General to make regulations, including penalties for contravention of these regulations. The penalties may include a fine of up to Fifty pounds or imprisonment for up to three months. While specific offences and their penalties are not detailed in the provided text, the Act implies that significant penalties could apply for serious breaches, ensuring the proper implementation of educational policies and financial assistance programs.

Legal classification tags

Area of Law
Education Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Delegated & Subordinate Legislation
Reporting & Disclosure Obligations
Financial Assistance

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.