Elementary Education Act 1871 Amendment Act 1893 (WA)

57 VICTORRE. No. 16

The Elementary Education Act, 1871, Amendment Act, 1893

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO SEPTIMO

VICTOR11141 REGINJE

The Elementary Education Act, 1871, Amendment Act, 1E98

(57 Vie., No. 16)

ARRANGEMENT OF SECTIONS

1. Short Title and incorporation. 19. In case of non-attendance of clergy-

2. Repeal of certain sections of Prin- man, secular instruction to be

cipal Act. given.

3. Central Board of Education abo- 20. Teaching to be non-sectarian, but

lished, and Minister controlling	to include general religious in-
Education substituted, with	struction.

powers of a corporation sole. 21. Objections to religious instruction.

4. Minister to have powers of Central 22. Governor may make regulations.

Board. (1) Conditions of establishment of

5. Property under control of Central Government schools.

Board of Education to vest in	(2) Instruction.
Minister.	(3) Discipline.

6. Appointment of Officers. (4) Children suffering from infectious

7. Definition of district. disease.

8. Proclamation of districts.	(5) Inspectors of Schools.
9. District Board to be elected.	(6) Conditions of instruction free of

10. Person appointed by Minister to charge.

make up electoral roll. (7) Scholarships.

11. Qualification of electors.	(8) Remuneration of teachers.
12. Number of votes.	(9) Teachers.
13. Appointment of electoral officers.	(10) Scale of grants to schools.
14. Appointment to district boards by	(11) School Boards.

Governor. (12) Elections of District Boards.

15. Existing boards to continue in office (13) Generally.

until next election. 23. Regulations to have force of law.

16. Time of election of District Boards.	24. Saving of existing By-laws, etc.
17. School fees, to whom payable, and

how recoverable.

18.	Hours of Instruction.	SCHEDULE
Religious instruction may be given.

No. 16

An Act to amend the Law relating to Public Elementary

Education. [Assented to 13th, October, 1893.

with the advice and consent of the Legislative Council and Legislative Assembly of 'Western Australia, in this present Parliament	BE it enacted by the Queen's Most Excellent Majesty, by and Preamble
assembled, and by the authority of the same, as follows :-
1. This Aet may be cited as ' The Elementary Education Act, Short title and 1871, Amendment Act, 1893,' and shall be incorporated with and form 1"""rati°" part of ' The Elementary Education Act, 1871,' hereinafter called the
Principal Act.

57 VICTORDE. No. 16

The Elementary Education Act, 1871, Amendment Act, 1893

Repeal of certain 2. So much of The Elementary Education Act, 1871,' as is

Vg,;c11,salfAet, mentioned in the Schedule to this Act is hereby repealed, but such repeal shall not affect the validity of any appointment made or confirmed, or any contract entered into by the Central Board of Education.

Central Board of

3. The Central Board of Education, as constituted under the pro-

visions of the third section of the Principal Act, is hereby abolished,

Minister con-

abolished, and

trolling Educa-

and such member of the Executive Council for the time being as the

tion substituted,

Governor from time to time appoints to administer the provisions of

with powers of a

corporation sole

the Principal Act, and of this and any other Act amending the Principal Act, shall be substituted in lieu thereof ; and such member and his successors shall be for the purposes of the Principal Act, and of this and any other Act amending the Principal Act, a body politic and corporate, under the name or title of ' The Minister of Education,' hereinafter called the Minister, and shall or may by that name or title sue and be sued in all courts ; and shall have perpetual succession and a common seal, and may accept, take, purchase, lease, hire, and hold real and personal property of what description soever ; and shall have power to grant, alienate, and convey, sell, assign, and demise all such real and personal property. Provided always, that no such power shall be exercised in respect of any such property held upon any specific trust inconsistent with the exercise of such power.

Minister to have

4. Subject to the provisions of this Act, the Minister may exercise all the powers, and perform all the duties conferred or imposed upon the Central Board of Education by the Principal Act, and whenever in the Principal Act or any Act amending the same, other than this Act, reference is made to the Central Board of Education, such reference shall be deemed to be made to the Minister.

powers of Central

Board

Property under

5. All lands, tenements, and hereditaments and personal property control, or management of the Central Board of Education before the passing of this Act, shall, without any conveyance or assignment being necessary, forthwith vest, by virtue of this section, in the Minister.

control of

Central Board of

of what description soever, vested in, belonging to, or under the care,

alueation to

vest in Minister

App ointmen of

officers

6. Except as hereinafter mentioned, all inspectors of schools, teachers, and other officers necessary to carry into effect the pro- visions of the Principal Act, and of this and any other Act amending the Principal Act, shall be appointed by the Governor.

Definition of

7. In the construction of, and for the purposes of the Principal Act, and this and any other Act amending the Principal Act, the word district' shall mean any existing educational district, and any educational district constituted or of which the boundaries are defined or altered under this Act.

district

Proclamation of

8. The Governor may, by proclamation in the Government Gazette,' from time to time constitute districts, and, by like pro- clamation, may from time to time define and alter the boundaries of any district.

districts

District Novel

to be elected

9. A District Board of Education shall consist of five members, who, except as hereinafter mentioned, shall be elected by the persons whose names are on the electoral roll for the district.

Education

57 VICTOItIIE. No. 16

The Elementary Education Act, 1871, Amendment Act, 1893

he deems necessary to make up, compile, and revise the electoral roll itrotier to 10. (1) The Minister shall appoint such fit and proper persons as Personappointed,

for every district in the manner and at the times prescribed by the electoral roll

regulations made under this Act, and such persons shall insert therein

the name of every person qualified as hereinafter mentioned.

(2) The Minister may assign such remuneration as he deems proper to any person so appointed as aforesaid for making up, com- piling, or revising any such electoral roll.

11. Any person who is Qualification of

(1) A householder habitually residing within the district, and electors

occupying a dwelling house of the clear annual value of

Ten pounds sterling ; or,

(2) The father, or if he is dead, or absent, or otherwise incapacitated, the mother of any child attending any Government or Assisted School within the district for such time as is prescribed by the regulations made under this Act, or

(3) The guardian or other person who maintains or has the custody of any child attending any Government or Assisted School as aforesaid,

shall be qualified to have his or her name placed upon the electoral

roll of the district.

12. At every election of a District Board of Education every person whose name appears upon the electoral roll for such district shall be entitled to vote for any five candidates for membership of such board, and the voting shall be by ballot. umber of

13. The Minister may appoint such returning officers, clerks, and Appointment of other officers as are necessary for the purpose of holding elections of el"thrmat"N District Boards of Education.

14. (1) The Governor may appoint any person qualified to be a Appointment to candidate for election as member of a District Board of Education to g3.ite,.`,1,'.,a,Eb",:ls such membership, whenever

(a) Such board is constituted for the first time ; or

(b) The person appointed by the Minister in that behalf

has neglected to properly make up, compile, or

revise the electoral roll for the district ; or

(c) The electors of any district have failed to elect such

board, or any member thereof ; or

(d) Any vacancy occurs upon such board.

(2) Whenever any person is appointed as a member of such board, under sub-sections a, b, or e of this section, such person may continue to be a member of such board until the first day of January following the next general election of such boards, and whenever any person is appointed to fill a vacancy under sub-section d of this section, such person may continue to be a member of such board until the expiration of the period for which the member in place of whom he has been appointed was entitled to continue to be a member of such board.

15. All members of existing District Boards of Education shall Exist to continue in

ing bons;

57 VICTORI.E. No. 16

The Elementary Education Act, 1871, Amendment Act, 1893

election until the thirty-first day of December, one thousand eight hundred office until next be deemed to have been duly elected, and shall continue in office

and ninety-five.

Time of e/ection	16. (1) The first election of District Boards under this Act shall take place during the month of December, one thousand eight hundred and ninety-five, and all subsequent elections of District Boards shall take place during the same month in every third subsequent year.
of district
boards
(2) The members of such boards shall, if elected, enter upon their office on the first day of January following their election, or, if appointed, on the day specified in such appointment.

school fees, to 17. All fees for the attendance of children in Government Schools

whom payable,	shall be paid to and received by the several persons authorised in
awl how

recoverable that behalf by the Minister, and may be recovered summarily by the

persons so authorised under the provisions of an Ordinance passed in. the fourteenth year of Her present Majesty and numbered five, and the production of a document in writing purporting to be signed by the Minister, authorising any person to collect such fees, shall be prima facie proof that he is so authorised.

Hours of	18. In every Government or Assisted School a portion of each day, not exceeding half-an-hour, may be set apart when the children. of any one religious persuasion may be instructed by clergymen or
ingruction
Religious in.
struction may	other religious teachers of such persuasion, subject to the conditions (1) The children receiving such religious instruction shall be
be given	following :—

separated from the other children of the school.

(2) The time during which such religious instruction is given shall be fixed by the District Board of Education in consultation with the head teacher of such school, subject however to the approval of the Minister.

(3) Where two or more clergymen or other religious teachers of different persuasions desire to give religious instruc- tion at any Government School, the children of each such different persuasion shall be so instructed on different days.

(4) The religious instruction to be so given shall in every case be the religious instruction authorised by the Church to which the clergyman or other religious teacher belongs.

In ease of non-	19. If the clergyman or religious teacher does not attend during
attendance of

clergyman,any portion of the period agreed to be set apart for religious instruction secular instrue- in a Government School, such period shall be devoted to the ordinary

tion to be given secular instruction in such school.

Teaching to be 20. In all Government Schools the teaching shall be strictly

but to include non-sectarian, but the words 'secular instruction' shall be held to	non.seetarian,
instruetion general religious include general religious teaching as distinguished from dogmatic

or polemical theology.

Objections to	21. Notwithstanding anything contained in the Principal Act or- this or any other Act amending the Principal Act, no child being instructed in a Government or Assisted School shall be required of
instruction

57 VICTORDE. No. 16

The Elementary Education Act, 1871, Amendment Act, 1893

receive any instruction in religious subjects if the parent of such child signifies his objection to such religious instruction by notice in writing to the head teacher of such school.

any other Act amending the Principal Act, the Governor may from make regulations 22. Subject to the provisions of the Principal Act and of this and Governor may

time to time make, alter, and revoke regulations for the following

purposes or any of them:

(1) Prescribing the conditions under which Government Schools	establishment of
Conditions of

may be established.

Government

schools

(2) Prescribing and defining what subjects of secular instruction shall be given in Government and Assisted Schools, and the character of books to be used in Government and Assisted Schools for the purpose of such instruction. Instruction

(3) Regulating the discipline to be enforced and observed in Discipline

Government Schools, and the time and mode of teaching therein, including religious instruction.

(4) Prohibiting the attendance at any Government School Phildron suffer-

of any child suffering from any infectious or contagious r,',7;e701

disease, or whose presence is injurious to the health or '11'12'1E6

welfare of the other children.Inspect

(15) Prescribing the powers and duties of Inspectors of Schools. Schools of

(6) Prescribing the conditions subject to which the Minister may allow a child to be instructed in a Government	Conditions of
instruction free
of charge
School without payment of any fee for such instruction. (7) Regulating the conduct of and subjects for the examina-	Scholarships

tion of candidates for scholarships, open for competition

among children educated in Government Schools.

(8) Fixing the salaries or other remuneration to be paid to Remuneration	teachers in Government Schools for the instruction of of teachers
children therein.

(9) Regulating the training, examinations, appointment, classi- Teachers

fication, and duties of teachers.

(10) Prescribing the rules and scales according to which the Scale of grants	sum payable to Government and Assisted Schools in to schools
respect of each child therein educated may be paid.

(11) Prescribing and defining the duties of School Boards, and school Boards

the manner in which, and the time at which, such duties

shall be carried out.

(12) Prescribing the time and manner of making up and the Elections of	revision of district electoral rolls, the manner in which District	Boards
such rolls shall be kept, the nomination of candidates for election as members of District Boards of Educa- tion, the appointment of polling places, the manner of recording votes, ascertaining the poll, and generally of doing any other matter or thing not otherwise provided for by this Act connected with the control and manage- ment of such elections.

13) Providing for all other matters or things which are not Generally

otherwise provided for by the Principal Act, or by this

57 VICTORLE. No. 16

The Elementary Education Act, 1871, Amendment Act, 1893

or any other Act amending the same, 'and which are necessary for carrying the provisions of the said Acts into effect.

Regulations to'

have force of	23. All regulations made under this Act shall be laid before both Houses of Parliament within fourteen days from the making thereof, if Parliament be then sitting, and if not then sitting, then within fourteen days of the then next assembling of Parliament, and when published in the Government Gazette' such regulations shall have the force of law, and the production of a copy of such ' Gazette' containing any such regulation shall be sufficient evidence of the due making of such regulation, and shall be prima facie evidence that itis still in force.
law
fug by-laws, &c.
Saving of exist-	24. Subject to the provisions of this Act all general by-laws, regu- lations, rules, and scales of the Central Board of Education in force at the time of the passing of this Act shall be deemed to be regulations, and shall continue in force until revoked by the Governor, and when- ever in the Principal Act or any Act amending the same, other than this Act, reference is made to such general by-laws, regulations, rules, or scales, such reference shall be deemed to be made to the regulations in force for the time being.

W. C. F. ROBINSON,

GOVERNOR.

SCHEDULE

So much of section two as defines the term ' district.'

Section three..

So much of sub-section one of section four as relates to the appointment of an

Inspector of Schools and other officers.

Sub-section two of section four, and so much of sub-section four of section four as relates to the confirmation of appointments and dismissal of teachers, assigning salaries, or remuneration to teachers, and to the establishment of new educational districts and of district boards.

Sections seven, nine, ten, eleven, twelve, fifteen.

So much of section sixteen as relates to the appointment and dismissal of

teachers.

Sub-section two of section twenty-two.

Sections twenty-three and thirty-five.