Education Act Amendment Act 1977 (WA)

WESTERN AUSTRALIA.

EDUCATION.

No. 27 of 1977

AN ACT to amend the Education Act, 1928-1976, to make provision therein for the regulation of care-centres and pre-school centres, to repeal the Pre-School (Education and Child Care) Act, 1973-1975, and for purposes connected therewith.

[Assented to 27th October, 1977.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

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

Act Amendment Act, 1977. citation.

No. 27] Education. [1977.

In this Act the Education Act, 1928-1976, is referred to as the principal Act.

(2)

(3) The principal Act as amended by this Act may be cited as the Education Act, 1928-1977.

Commence-

ment. 2. This Act shall come into operation on a day

to be proclaimed.

Section IA

amended. 3.

Section 1A of the principal Act is amended by inserting after the passage "PART VI.—PARENTS AND CITIZENS' ASSOCIATIONS.", the passage "PART VIA.—CARE-CENTRES AND PRE-SCHOOL CENTRES.".

Section 3

amended. 4. Section 3 of the principal Act is amended

(a) by inserting after the interpretation of the term "Board" a new interpretation as follows-

"care-centre" means an assembly at appointed times of three or more children over the age of three years, the majority of whom are more than one year below the minimum age for admission to year 1 of a Government primary school, for the care, guid- ance and education of those children, but does not include such an assembly

(a)	at a Government school; or
(b)	where the children are mem- bers of the same family or of not more than two families; ; and

1977. ] Education [No. 27.

(b) by inserting after the interpretation of the term "Parent" a new interpretation as

follows

"pre-school centre" means an assembly at appointed times of three or more children over the age of four years, the majority of whom are one year or less below the minimum age for admission to year 1 of a Government primary school, for the education, guidance and care of those children, but does not include such an assembly

(a)	at a Government school; or
(b)	where the children are mem- bers of the same family or of not more than two families; .

5.    The principal Act is amended by inserting p'eezing

immediately after section 27 a new heading as added.

follows

PART VIA.-CARE-CENTRES AND PRE-SCHOOL

CENTRES.

6. The principal Act is amended by inserting str f 27k it

after section 27 a new section, to stand as section

27A, as follows-

27A. (1) No person shall conduct or carry Care-centres and n

on or be employed or engaged or serve or engage, centres

whether as principal, servant or agent, in the rultgorised.

conducting or carrying on of a care-centre or pre-school centre unless the conducting or carrying on of that centre is authorised by a permit issued by the Minister under this Act.

Penalty: Two hundred dollars or imprison-

ment for a period not exceeding six months

No. 27] Education. [1977.

(2) The conducting or carrying on of a pre-

school centre approved pursuant to the scheme established by the Pre-School (Education and Child Care) Act, 1973-1975, shall be deemed to have been authorised by a permit issued by the Minister under this Act unless or until the Minister, by notice in writing, cancels that permit which he is hereby empowered to do in circumstances which would justify the cancellation of a permit issued pursuant to section twenty-seven B of this Act.

Section 27B

added.	7. The principal Act is amended by inserting after section 27 a new section, to stand as section
27B, as follows-
Permits.

27B. (1) An application for a permit to

conduct or carry on a care-centre or a pre-school centre shall be made in writing in the prescribed form to the Minister and shall be supported by such other particulars or informa- tion as is prescribed or as the Minister requires.

(2) The Minister may

(a)	grant a permit to conduct or carry on a care-centre or pre-school centre, either unconditionally or subject to such conditions as are prescribed or as may be specified in the permit;
(b)	refuse to grant a permit; or
(c)	cancel any permit at any time if, in the opinion of the Minister-

(i)    the conditions subject to which the permit was granted are not being observed; or

(ii)    the regulations made under this Act relating to that centre are contravened.

(3) Every care-centre or pre-school centre

authorised to be conducted or carried on pur- suant to this Act, or deemed to be so authorised,

1977.] Education [No. 27.

is subject to inspection and supervision by any officer of the Education Department appointed by the Director-General for that purpose.

(4) The Director-General shall cause a list of all care-centres and pre-school centres for the time being authorised, or deemed to be authorised, under this Act to be published in the Government Gazette not less than once in each calendar year. .

8. The principal Act is amended by inserting Seflean 27C

after section 27 a new section, to stand as section

27C, as follows-

27C. (1) The Minister may, out of such Assistance.

moneys as may be provided by Parliament for the purposes of this Act, render assistance to care-centres and to pre-school centres by way of

(a)	subsidies or grants for capital or recurrent expenses;
(b)	teachers and teacher aides employed by the Education Department;
(c)	consultative and advisory services; and

(d) equipment and supplies.

(2) Moneys representing assistance rendered pursuant to subsection (1) of this section may be paid at such times, in such manner and subject to such conditions as are prescribed. .

Section 27D

9. The principal Act is amended by inserting added.

after section 27 a new section, to stand as section

27D, as follows-

27D. (1) The Pre-School (Education and tapnesai iaont

Child Care) Act, 1973-1975, is repealed. provisions.

No. 27] Education. [1977.

(2) All the right, title and interest in and to any property which immediately prior to the coming into operation of this section was vested in the body known as the Western Australian Pre-School Board established by the Pre-School (Education and Child Care) Act, 1973-1975, is by force of this section transferred to and vested in the Minister for the purposes of this Act, and all obligations and liabilities of that body exist- ing immediately prior thereto are in like manner imposed on the Minister. .

Section 28

amended. 10. Section 28 of the principal Act is amended by inserting after paragraph (o) of sUbsection (1) a new paragraph as follows-

(ol) The general management of care-centres and of pre-school centres, and for all such other matters relating thereto as may be necessary to give effect to sections twenty- seven A to twenty-seven D of this Act. .