Education Act Amendment Act 1943 (WA)

EDUCATION.

7' Ow. Vt., No. XXV.

No. 30 of 1943.

AN ACT to amend sections, three, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, twenty-eight and thirty-four of, and to make provision in re- lation to Kindergartens in the Education Act, 1928.

[Assented to 12th November, 1943.]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legisla-

tive Council and Legislative Assembly of Western

Australia, in this present Parliament assembled, and by

the authority of the same, as follows:-

Short title. 1. This Act may be cited as the Education Act

Amendment Act, 1943, and shall be read as one with the

1943.] Education. [No. 30.

Education Act, 1928 (No. 33 of 1928 as amended by the Act No. 43 of 1929), hereinafter referred to as the prin- cipal Act.

Amendment

2. Section three of the principal Act is amended by of s. 3.

inserting therein after the definition of "Government

School" a definition as follows :—

"Kindergarten" means a school for children -under six years of age conducted on the theory that education should be begun by gratifying and cultivating the normal aptitude for exercise, play, observation, imitation and construction.

Amendment

3. Section thirteen of the principal Act is amended as of s. 13.

follows

(a)	by inserting after the figures "13" at the com- mencement of the section the figure and brackets as follows " (1) " ;
(b)	by adding to the section, subsections as fol-

lows :-

(2) Notwithstanding anything to the con- trary contained in subsection (1) of this section, the Governor may at any time on the recommendation of the Minister by proclamation extend the maximum age for compulsory attend- ance of children at a Government or efficient school from fourteen years to fifteen years, and while a pro- clamation issued under this sub- section remains in force, wherever the words "fourteen years of age" appear in any of the paragraphs con- tained in subsection (1) of this section, the words "fifteen years of age" shall be substituted therefor, and the said paragraphs shall be read and construed and have effect as if the words "fifteen years of age" were stated therein instead of the words "fourteen years of age."

(3) Where the Minister is of the opinion

that a child has been sent or is kept

away from the place where his

No. 30.] Education. [1943.

parents or one of his parents reside or resides in order to avoid the com- pulsory provisions of this section the Minister may require the parents or parent of the child to send the child to a Government or other efficient school to which the parents or parent would have been obliged under this section to send the child if the child had resided with the parents or parent from whose place of residence the child has been sent or kept away.

Amendment

of s. 14. 4.

Section fourteen of the principal Act is amended by inserting in paragraph (a) after the word "else- where" in line two of the said paragraph, the words "of which fact notice in writing has been given by the parents or parent to the Director not more than fourteen days after such instruction is commenced or not more than fourteen days after the date when the parents or parent would be in the ordinary course obliged under section thirteen of this Act to send the child to a Govern- ment or efficient school."

Amendment

of s. 15. 5. Section fifteen of the principal Act is amended as

follows

(a) by deleting from subsection (1) the words "in the streets or other public places" in line four of the said subsection, and inserting in lieu thereof the words "in any place to which the public resort or are admitted whether on pay- ment of a fee for admission or not."

(b) by deleting from subsection (2) the words "in a street or other public place" in lines one and two of the- said subsection, and inserting in lieu thereof the words "in any place referred to in subsection (1) of this section."

(c) by adding to the section a new subsection as fol-

lows :-

(3) Every person shall permit the entry of any officer appointed under this section to any place referred to in subsection (1) of this section for the purpose of carrying out his duties and exercising his powers under this

1943.] Bch/cation. [No. 30.

section; and any person who hinders or obstructs any such officer in the carrying out of his duties M. the exercise of his powers aforesaid shall be guilty of an offence.

Penalty—Ten pounds.

Amendment

6. Section sixteen of the principal Act is amended as of s. 16.

follows:

(a) by deleting from subsection (4) all the words after the word "court" in line two of the said subsection;

(b) by adding to the section a new subsection as

follows:—

(5) Whenever in accordance with the pro- visions of subsection (2) of section thirteen of this Act the Governor has by proclamation extended the maxi- mum age for compulsory attendance at a Government or efficient school from fourteen years of age to fifteen years of age, and whilst such pro- clamation continues in force, the words "fifteen years of age" shall be substituted for the words "fourteen years of age" wherever the latter appear in the foregoing subsections of this section, and the said subsec- tions shall be read and construed and have effect as if the words "fifteen years of age" were stated therein in- stead of the words "fourteen years of age."

Amendment

7. Section seventeen of the principal Act is amended of s. 17.

as follows :—

(a) by deleting subsection (4) ;

(14 by adding to the section a new subsection as

follows :-

(6) Whenever in accordance with the pro- visions of subsection (2) of section thirteen of this Act the Governor has by proclamation extended the

No. 30.] Education. [1943.

maximum age for compulsory attend- ance at a Government or efficient school from fourteen years of age to fifteen years of age and whilst such proclamation remains in force, the word "fifteen" shall be substituted for the word "fourteen" in subsec- tion (1) of this section, and subsec- tion (1) shall be read and construed and have effect as if the word "fifteen" were stated therein instead of the word "fourteen."

Amendment

of s. 18. 8. Section eighteen of the principal Act is amended

by adding thereto a new subsection as follows:—

(6) Whenever in accordance with the provisions of subsection (2) of section thirteen of this Act the Governor has by proclamation extended the maximum age for compulsory attend- ance at a Government or efficient school from fourteen years to fifteen years and whilst such proclamation remains in force the word "fifteen" shall be substituted for, the word "fourteen" in subsection (3) of this section, and subsection (3) shall be read and construed and take effect as if the word "fifteen" had been stated therein instead of the word "fourteen."

Amendment

of s. 28. 9. Section twenty-eight of the principal Act is amended by inserting in subsection (1) thereof after paragraph (in) a new paragraph as follows:—

(m1) Compelling the parent of a child to have the child medically treated or to have the child receive proper attention to cleanliness:

Provided that the regulations shall provide that the parent shall not be under any obliga- tion to have the child medically treated if the parent is unable to afford the cost of such medical treatment and there is no free medical treatment available in such case within a reasonable distance of the place where the child is residing.

1943.] Education. [No. 30.

10. Section thirty-four of the principal Act is trent

amended by adding thereto a subsection as follows :—

(3) Whenever in accordance with the provisions of subsection (2) of section thirteen of this Act the Governor has by proclamation extended the maximum age for compulsory attendance at a Government or efficient school and whilst such proclamation continues in -force the word "fifteen" shall be substituted for the word "fourteen" in line five of paragraph (a) of subsection (1) of this section and the said paragraph (a) shall be read and construed and have effect as if the word "fifteen" had been stated therein instead of the word "fourteen."

11.   A section is inserted in the principal Act after New section.

section thirty-four as follows :—

34A. (1) This section shall apply to every Kindergar-

kindergarten notwithstanding that children six years

fens.

of age or over that age are admitted to or are attend-

ing such kindergarten.

(2)

No person shall conduct or carry on or be employed or engaged or serve or engage, whether as principal servant or agent, in the conducting or carrying on of a. kindergarten unless the conducting or carrying on of such kindergarten is authorised by a permit issued by the Minister under this section.

(3) A permit to conduct or carry on a kinder- garden shall not be issued to a male person.

(4)

The person holding a permit to conduct or carry on a kindergarten shall not employ or suffer or permit any male person to take part in the con- ducting or carrying on of a kindergarten conducted or carried on by the holder of such permit.

(5)

If any person shall conduct or carry on or be employed or engaged or serve or engage, whether as principal servant or agent or otherwise, in the conducting or carrying on of a kindergarten in con- travention of any of the provisions of this section he shall be guilty of an offence.

No. 30.] Education. [1943.

Penalty—One hundred pounds or imprisonment with or without hard labour for a period not exceed- ing six months.

(6) The Minister may, on the recommendation of the Director

(a) grant or refuse permits to conduct or carry on

kindergartens under this section; and

(b) cancel and revoke at any time and without giving any reason, any permit granted by him under this section.

(7) Any person who desires to obtain a permit under this section shall make application in writing signed by her in the form prescribed by the regula- tions, shall address such application to the Director, and shall furnish therewith the prescribed particu- lars and such other particulars as the Director may require.

(8) Every permit granted by the Minister under

this section shall, subject to paragraph (b) of sub- section (6) of this section, have effect for one year from the date of the granting thereof and no longer. Provided that the Minister may, if in any case he deem it expedient, grant a permit for a period less than one year.

(9) (a) Every kindergarten being conducted or

carried on under the authority of this section shall be subject to inspection by inspectors appointed under this Act in the same manner and to the same extent as Government schools are subject to inspec- tion by such inspectors ; and

(b) Where, in respect of any such kindergarten, the Minister so directs, the provisions of sections thirty-three and thirty-four of this Act with such adaptations as may be necessary, shall apply to such kindergartens.

Citation of

principal Act 12. The principal Act as amended by the Act No. 43

as amended.

of 1929 and by this Act may be cited as the Education

Act, 1928-1943.