National Education Co-ordination and The University of Queensland Acts Amendment Act of 1941 (5 Geo Vi No. 6) (Qld)

EDUCATION. 5 GEO. VI. No. 6, 1941. National Education Co-ordination, Etc., Act. 41 EDUCATION. An Act to Provide for a Co-ordinated System of 6 GNEoO. . 6V. I. National Education, to Amend "The NAi~~ AL University of Queensland Act of 1909" (as c: . gi{ ~ g! ~ ~ N • • AND THE amended by subsequent Acts) In certaIn UQNUIVEEERNSSILTAYNDOF P articulars, and for other incidental AME A ~ O C T :! O E F NT purposes. 1941. [ASSENTED TO 13TH NOVEMBER, 1941.] -\'VHEREAS it is desirable to ensure a national Preamble. j co-ordinated system of education in the State of Queensland and to secure the more effective attainment of the purposes for which the University of Queensland was incorporated as set forth in the preamble to *" The University of Queensland Act of 1909," and for that purpose to amend the said Act- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. (1.) This Act may be cited as "The National Short title Education Co-ordination and The University of Queensland :!truction. Acts Amendment Act of 1941," and shall be read as one with *" The University of Queensland Act of 1909" (as amended by t" The University of Queensland Act Amendment Act of 1922" and by t" The Financial Emergency Act of 1931 ") herein collectively referred to as the Principal Act. (2.) The Principal Act and this Act may collectively ~ ollective be cited as "The University of Queensland Acts, 1909 to tItle. 1941." 2. (1.) Except where otherwise provided, this Act Commence. shall come into force on a date to be proclaimed by ment of Act. the Governor in Council by Proclamation published in the Gazette, which date is referred to as the commencement of this Act: * 9 E. 7 No. 7. See v. 3, p. 207. t 13 G. 5 No. 18. See v. 3, p. 217. t 22 G. 5 No. 1. See v. I, p. 807.

42 EDUCATION. National Educa.tion Co-ordination, Etc., Act. 5 GEO. VI. No. 6, Orders in Provided that any Orders in Council, regulations, ~ ~ ~! ?ons Statutes, or rules which may be deemed necessary, &c., • convenient, or desirable to bring the Principal Act as : aYp~ ~ = : e amended by this Act into operation (full power and of this Act. authority to make same being hereby imposed) may be made on the passing of this Act. Elections. (2.) Any election of members to the Senate or in respect of any Board or Committee under the Principal Act as amended by this Act may be held after the passing of this Act, but such members so elected shall not assume office until after the commencement of this Act. Existing (3.) All Statutes made pursuant to section twenty-four Statutes. of the Principal Act and in force at the commencement of this Act shall subject to *" The University of Queensland Acts, 1909 to 1941," continue in force and effect until repealed or altered by any Statute made pursuant to the provisions of such lastmentioned Acts. Amendments of the Principal Act. Amendment 3. Section two of the Principal Act is amended of s. 2. as follows;- (a) New definitions are inserted in section two of the Principal Act, as follows ;- [Minister.] " "Minister"-The Secretary for Public Instruction or other Minister of the Crown for the time being administering this Act; Prescribed. " Prescribed "-Prescribed by this Act; This Act. State Education Acts. " This Act "-This Act and all Orders in Council, Statutes, regulations, and rules made thereunder ; " State Education Acts "-t" The State Education Acts, 1875 to 1940" (or any Act amending or in substitution for the same)." (b) The following new subsection two is added to the said section, namely ;- Director of Education to be designated "The Director. "(2.) On the passing of t" The National Education Co-ordination and The University of Queensland Acts Amendment Act of 1941 "- (i.) The Director of Education appointed pursuant General of Education." to the State Education Acts and in office at the passing of the said t" The National Education Co-ordination and The University of * 9 E. 7 No. 7 and amending Acts. See v. 3, pp. 207 et ssq. t 39 V. No. 11 and amending Acts. See v. 3, pp. 177 et seq. t This Act.

EDUCA'rlON. 1941. National E&ucation Co-ordination, Etc., Act. Queensland Acts Amendment Act of 1941" shall without any further or other appointment be and be deemed duly appointed and designated as "The Director-General of Education " ; (ii.) When by or pursuant to the provisions of any Act (including any of the provisions of the State Education Acts and *"The University of Queensland Acts, 1909 to 1941") any jurisdiction, power, or authority is or may be conferred or any duty is or may be imposed on the Director of Education, or any reference is made to the Director of Education, such provisions shall be read and construed as if the Director-General of Education were referred to therein in lieu of the Director of Education; (iii.) Moreover, for the purpose of giving effect to but without limiting the generality of this subsection, every Proclamation, Order in Council, Rule of Court, Statute, regulation, rule, or by-law made or purporting to have been made under any provision of any Act (including the State Education Acts and *" The University of Queensland Acts, 1909 to 1941 ") prior to and in force at the passing of t" The National Education Co-ordination and The University of Queensland Acts Amendment Act of 1941" in which any reference to the Director of Education occurs shall be read and construed as referring to the Director-General of Education; (iv.) Any officer subsequently appointed under the State Education Acts who, but for this section, would have been designated " Director of Education" shall be designated " Director-General of Education." " And the State Education Acts shall be deemed to be amended accordingly. (c) Section two of the Principal Act is renumbered subsection one of section two accordingly. * 9 E. 7 No. 7 and amending Acts. See v. 3, pp. 207 et seq. t This Act. 43

EDUCATION. Nati01UL.l Education Co-ordination, Etc., Act. 5 GEO. VI. No. 6, Repeal of 4. Section seven of the Principal Act is repealed, a s. nd 7. new and the following new section seven is inserted in lieu thereof, namely :- [The Senate.] "[7.] (1.) The Senate shall consist of twenty-five persons appointed or elected as follows : - Members. (i.) The Director-General of Education for the time being who shall be ex officio a member; (ii.) The President of the Professorial Board of the University for the time being who shall be ex officio a member; (iii.) Fourteen members to be appointed by the Governor in Council ; (iv.) Nine members to be elected by the Council of the University: Provided that no person who holds any office in, or is employed by, the University as a dean of a faculty, professor, lecturer, part-time lecturer, examiner, or in any other teaching or lecturing capacity, including tuition by correspondence, and who receives remuneration by way of salary, fee, allowance, or any other form of recompense, shall for the reason only of his holding any such office, or being so employed, be incapable of being appointed or elected, or of acting as a member of the Senate; but the number of members comprising persons holding any such office or employed as aforesaid as members of the Senate at the same time shall not exceed three, inclusive of the President of the Professorial Board. Appointment (2.) Whenever by reason of the absence or illness in event of of the Director-General of Education or the President if~ : ~ ~ : r~ f of the Professorial Board, or for other sufficient reason it E G o e rd n u e c r a a t ~ lOonf aisppeox.mpetdaiefnitt asondtoprodpoe, r tpheersoGnovtoernaocrt aisn t Cheoudnecpilutmy a 0 yf President of the Director-General of Education or, as the case may PBrooafreds.sorial be, ht ePr'eSdl ent 0 f t he Pro £ essorm . I Boadr; and durm. g the term of his office such deputy of the Director-General of Education or, as the case may be, of the President, of the Professorial Board, shall in regard to the University have all the powers, authorities, and responsibilities and shall perform all the duties of the Director-General of Education or, as the case may be, the President of the Professorial Board: Provided that in the appointment of a person as deputy of the President of the Professorial Board the

1941. EDUCATION. National Education Co-ordination, Etc., Act. 45 Governor in Council shall have regard to any recommendation of the Senate in respect of such appointment. (3.) The Senate as constituted under *"The University Continuation af Queensland Act af 1909" and in office prior to the in .0fi.i ce of commencement of t"The National Education Ca-ordination s~ ~! ~ ~guntil and The University of Queensland Acts Amendment Act offresh.Senate 1941 " shall continue in office until the names of the appomted. persons appointed and/or elected as members of the Senate under *" The University of Queensland Act of 1909" (as amended by t" The National Education Co-ordination and The University of Queensland Acts Amendment Act of 1941") shall be published in the Gazette, which publication shall not be made until after the commencement of t" The National Education Co-ordination and The University of Queensland Acts Amendment Act af 1941." On the date of such publication in the Gazette such members of the Senate as constituted under *" The University of Queensland Act of 1909" shall go out of office notwithstanding that the term for which they were appointed and/or elected as members has not expired. From the date of such publication in the Gazette the Senate as constituted pursuant to t" The University af Queensland Acts, 1909 to 1941," shall be deemed constituted and shall assume office accordingly. (4.) The first Senate constituted under t" The Subs~que. nt University § Acts " 1909 to 1941 " shall continue in office coofntshteItutlOn until the names of the persons subsequently appointed Senate. and/or elected as members of the Senate under the said Acts .shall be published in the Gazette, and the Senate shall be deemed to be constituted on the date of such publication; and the same provisions shall, mutatis mutandis, apply in respect of any subsequent constitution of the Senate." 5 Section nine of the Principal Act is amended as Amendment follows :_ of s. 9. (a) Paragraph (ii.) of the said section of the Principal [ Di~ qualifi- Act is repealed. catlOns.] * 9 E. 7 No. 7. See v. 3, p. 207. t This Act. t 9 E. 7 No. 7 and amending Acts. See v. 3, pp. 207 et seq. § Sic in GazeUe; semble "of Q'leensland " inserted.

46 EDUCATION. National Edt~ cation Co-ordination, Etc., Act. 5 GEO. VI. No. 6, (b) The following new subsection two is added to the said section as follows : - Principal of " (2.) A person who is a principal of or a teacher sscehcooonld,a&ryc. , engaged in any secondary school, technical schooJ, or when other similar educational institution, shall not, by reason cbaepinagble of only of his being such principal or, as the case may be, member of a teacher, be incapable of being appointed or elected or the Senate. as acting as or continuing as a member of the Senate, but the number of such persons in the Senate at the same time shall not exceed three, such number to be exclusive of any appointment or appointments of a similar kind which may be made by the Governor in Council." And section nine of the Principal Act is renumbered subsection one of section nine accordingly. Repeal of 6. Section ten of the Principal Act is repealed and a B. n1d0n. ew the following new section ten is inserted in lieu thereof, namely:- [Election of "[10.J (1.) At its first meeting held after the first CDheapnucteyllor, Tuesday in March in every year the Senate shall elect Chancellor, three of its members to be, respectively, Chancellor, aCnhdanVceiclleo- r.] Deputy Chancellor, and Vice-Chancellor ofthe University: Provided that in the case of the first Senate constituted pursuant to *" The University of Queensland Acts, 1909 to 1941," the date of such meeting may, if necessary, be fixed by the Senate for any subsequent date as may be convenient. (2.) The Deputy Chancellor shall act for the Chancellor during any absence of the Chancellor, and while so acting shall have all the powers, authorities, and responsibilities of and shall perform all the duties of the Chancellor. (3.) (i.) The Vice-Chancellor shall act for the Chancellor during any absence of the Chancellor and Deputy Chancellor, and while so acting shall have all the powers, authorities, and responsibilities of and shall perform all the duties of the Chancellor. (ii.) The Vice-Chancellor shall be and be deemed to be the executive and/or administrative member of the Senate." * 9 E. 7 No. 7 and amending Acts. See v. 3, pp. 207 et Beq.

1941. EDUCATION. Natirmal Education OQ-Q1'dination, E'tc., Act. 41 7. Section twelve of the Principal Act is amended ~ ~ ~ ~ : nent as follows:- A new subsection (4A) is inserted after section four of the Principal Act, namely :- " (4A.) After the commencement of *" The National [Appoint. Education Oo-ordination and The University of Queensland ment and Acts Amendment Act of 1941 " the Senate shall consist S: : ~ ~ J of of twenty-five members; the Council shall be entitled to elect nine members of the Senate and the remaining sixteen members of the Senate shall be appointed as set forth in section seven of this Act (as inserted by section four of the above Amendment Act)." 8. Subsection one of section fourteen ofthe Principal Amendment Act is amended by inserting after the word " Chancellor" of s. 14. the words " Deput y Chancelolr" . [ o E rd x i t n ra a - ry vacancies.) 9 Section fifteen of the Principal Act is amended Amendment by inserting after the word "Chancellor" the words of s. 15. " Deputy Chancellor • " m[ Oaffyicbeers re-elected.] 1O. Section sixteen of the Principal Act is amended Amendment by omitting the words" may from time to time appoint " ~ ; s. 16. f and inserting in lieu thereof the words" shall have full Se~ ~ ': . j 0 power and authority from time to time to appoint and dismiss all." 11. Section seventeen of the Principal Act is Repeal of repealed and the following new section seventeen is sa. n1d7n. ew inserted in lieu thereof:- "[17.] (1.) At every meeting of the Senate the[ c~a. irman~ Chancellor or, in his absence, the Deputy Chancellor, S~ ; :a. ~! and shall preside as chairman : Council.] Provided that in the event of the absence of both the Chancellor and the Deputy Chancellor at any such meeting the Vice-Chancellor shall preside as chairman. (2.) At every meeting of the Council the Warden shall preside as chairman. (3.) In the absence of the Chancellor, Deputy Chancellor, and Vice-Chancellor, the members of the Senate present, and in the absence of the Warden the members of the Council present, shall elect a chairman of the meeting." • This Act.

48 EDUCATION. National Education Co-ordination, Etc., Act. 5 GEO. VI. No. 6, Amendment 12. Section eighteen of the Principal Act is amended w[ Ophfreso. nce 1 ne 8 od . tm . tgos b " yDeinpsue t rytiCnhganacfete1ro1rt. " he word "Chancellor" the words be invalidated.] New s. 23A. 13. A new section 23A is inserted after section twenty-three of the Principal Act, as follows ; - Academic "[23A.] (1.) There is hereby constituted a SCtoamndmiintgtee. Committee of the University to be called" The Academic Standing Committee" (herein in this section referred to as "the Committee"). Membership. (2.) The Committee shall consist of nine persons appointed as follows;- (i.) The Director-General of Education for the time being who shall be ex officio a member and chairman of the Committee; (ii.) The President of the Professorial Board of the University for the time being who shall be ex officio a member and deputy chairman of the Committee; (iii.) Seven other members of the Senate to be appointed annually by the Senate. Absence of chairman and/or deputy chairman. (3.) In the case of the illness or absence of the chairman the deputy chairman shall act as chairman of the Committee, and in the case of the illness or absence of both the chairman and the deputy chairman the members of the Committee present at any meeting shall appoint one of its members to act as chairman. Any person acting as chairman shall while he so acts have all the powers, authorities, and responsibilities and shall perform all the duties of the chairman. Functions (4.) The functions of the Committee shall, subject Cofotmhme ittee. to the general supervision and control of the Senate and to any provisions of the Statutes, be .as follows ; - (a) To supervise the educational affairs and teaching arrangements of the University, including the studies, examination, books for study, teaching and examining staff, and lectures; and (b) Generally, to discharge such other functions or perform such other duties as the Senate, or the Senate in collaboration with the Governor in Council, may from time to time determine.

1941. EDUOATION. National Education Co-ordination, Etc., Act. 49 (5.) The Senate may refer any matter within its Reference by J.UrI.Sd l ' C tI' On t 0 t he Comml. ttee . ~ tor consl' derat' lOn and report, SCeonmamteitttoee. and regard shall be given by the Senate to any report and/or recommendation of the Committee in respect to such matter so referred. (6.) The Committee may of its own motion make Reports and reports and recommendations respecting the general ~ e: t~= ~ ~­ educational affairs and teaching arrangements of the Committee. University and shall submit same to the Senate for consideration. Regard shall be given by the Senate to any such report and/or recommendation. (7.) The Senate may associate with the Committee Associate such professors or other members of the teaching members. staff or other persons as the Senate may from time to time determine." 14. A new section 23B is inserted after section New s. 23B. 23A of the Principal Act, as follows : - "[23B.] (1.) The Governor in Council may from University time to time by Order in Council establish a Board to Scholarships be called" The University Scholarships Board." Board. Such Board shall be constituted by the following persons, namely:- (i.) The Director-General of Education for the time being who shall be ex officio member and chairman; (ii.) Two other officers of the Department of Public Instruction who shall be appointed by the Governor in Council, one of whom shall also be so appointed as deputy chairman; (iii.) Two representatives of the University one of whom shall be President of the Professorial Board of the University for the time being; (iv.) The Warden of the Council for the time being; (v.) One representative of non-governmental secondary schools, technical schools, and other educational institutions, to be appointed by the Governor in Council. (2.) In the case of the illness or absence of the Deputy chairman the deputy chairman shall act as chairman, chairman. and such deputy chairman while he so acts as chairman shall have all the powers, authorities, and responsibilities and shall perform all the duties of the chairman.

50 EDUCATION. NatioMl Education Co-ordination, Etc., Act. 5 GEO. VI. No. 6, When any member of the Board is absent or ill or is acting as deputy chairman, the Governor in Council may appoint some other person to act as the deputy for such member during his absence, illness, or while he so acts as deputy chairman, and the person so appointed shall, while he acts as deputy member, have all the powers and perform all the duties of the member. Functions of Board. (3.) The functions of the Board shall be- (a) To frame from time to time rules and conditions concerning the award of University Scholarships; (b) To advise the Minister from year to year as to the award of the Scholarships; (c) To collaborate with the Department of Public Instruction and the Senate in regard to the Scholarships; (d) To perform such other duties as the Governor in Council or the Minister may from time to time determine. Scholarships. (4.) For the purposes of this section the term "Scholarships" shall mean- (a) Scholarships termed "University National Scholarships" of such a number, being not less than twenty, as may from time to time be granted by the Governor in Council to students who qualify for enrolment as students of the University by their pass in the Senior University Examination; (b) Scholarships termed" Intra-mural University Scholarships" of such a number as from time to time may be granted by the Governor in Council to students· of the University of Queensland in respect of the furtherance and/or continuation of their studies during their studentship as undergraduates, or in respect of post-graduate studies 01 research work. (5.) The Governor in Council may, subject to this Act, from time to time by Order in Council make such modifications in the constitution and/or functions of the Board as he shall think fit and proper."

EDUCATION. 51 1941. National Education Co-ordination, Etc., Ad. 15. A new section 230 is inserted after section New 8. 230. 23B of the Principal Act previously inserted, as follows : - "[230.] (1.) The Governor in Council may from time [Board of to time by Order in Council published in the Gazette ~ ~ : ' ~ ry constitute a Board to be called "The Board of Studies and Post-primary Studies and Examinations," referred to ~::~ina­ in this section as " the Board." (2.) The Board shall be constituted by so many members appointed from time to time in that behalf by the Governor in Council. Such Board shall consist of- (i.) The prescribed number of members being representatives of the Department of Public Instruction, including the Director-General of Education for the time being; (ii.) The prescribed number of members being representatives of the University of Queensland, including the President of the Professorial Board of the University for the time being and the Warden of the Council for the time being ; (iii.) The prescribed number of members being representatives of the secondary schools of Queensland at any material time authorised by the Governor in Council to receive as students holders of State Scholarships; (iv.) The prescribed number of representatives of technical institutions approved by the Governor in Council ; (v.) The prescribed number of representatives of such other institutions, associations, or educational interests as may from time to time be approved by the Governor in Council. (3.) The Director-General of Education shall be ex officio member and chairman of the Board. (4.) The President of the Professorial Bo~ ' * " the University shall be ex officio a member of the Board. (5.) The Governor in Council shall appoint a member of the Board to be deputy chairman thereof. (6.) In the case of the illness or absence of the chairman of the Board the deputy chairman shall act as the chairman, and in the case of the illness or absence

52 EDUCATION. National Education Co-ordtination, Etc., Act. 5 GEO. VI. No. 6, of both the chairman and the deputy chairman the members of the Board present at any meeting shall appoint one of its members to act as chairman. Any person acting as chairman shall while he so acts have all the powers, authorities, and responsibilities and shall perform all the duties of the chairman. Functions of (7.) The Board shall from time to time have power Board. and authority- (a) To make recommendations to the Minister and the Senate of the University concerning the curricula and courses of study in post- primary schools and institutions appertaining to the Junior and Senior Public Examinations of the University, the examinations for University Scholarships, and such other public examinations as the Governor in Council may by Order in Council prescribe, but exclusive of such matters as relate to- (i.) Apprenticeship, and (ii.) The curricula and courses of study appertaining to such part of education as is made compulsory under the State Education Acts; (b) To make recommendations to the Minister and the Senate in relation to the education and other requirements for matriculation in the University of Queensland; (c) To make recommendations to the Minister and the .Senate concerning the arrangements for, and the conduct of, the Junior and Senior Public Examinations of the University, the examinations for University Scholarships, and such other public examinations as the Governor in Council may prescribe; (d) To consider, and to make recommendations concerning, such other matters relating to post-primary education as may from time to time be referred to it by the Minister or the Senate; (e) Such other functions as may be prescribed by the Governor in Council.

1941. EDUCATION. National Education Co-ordination, Etc., Act. 53 (8.) Subject to this Act, the Governor in Council may from time to time make such modifications in regard to the constitution and/or functions of the Board as he may think fit and proper. (9.) In the case of any disagreement between the Senate and/or the Board and/or the Minister and/or otherwise in respect of any matter or thing appertaining or relating to post-primary studies and examinations, any such disagreement shall be referred to the Governor in Council for determination; and the determination of the Governor in Council signified by Order in Council in the Gazette shall be final and conclusive." 16. A new section 23D is inserted after section New s. 23D. 230 of the Principal Act previously inserted, as follows :- "[23D.] If at any time the Governor in Council or [Government any Minister of the Crown should desire that any ~ o h: ; ~ o investigation or inquiry be made by any member or c~ ; upon mem~ ers of the staff .of th~ University (whether the ::~~:; of teachmg staff or otherwIse) or m the event of any member of ~ he . or ~ embers of such s~ aff being required to perform any ~ n~ : ~~ ~ ~~ speCIal duties or serVICes on behalf of the Crown, such spec~ al investigation or inquiry shall be made or such special serViCes.] duties or services shall be performed upon such terms and conditions as may be agreed upon between the Governor in Council or, as the case may be, the Minister concerned, and the Senate: Provided that the Senate before so agreeing shall consult the member or members of the staff required for making the investigation or inquiry or performing the special duties or services concerned and obtain his or their consent thereto. When any such agreement between the Governor in Council or, as the case may be, the Minister concerned with the Senate is arrived at, it shall be the duty of the member or members of the staff concerned to place himself or themselves at the disposal of the Governor in Council or, as the case may be, of the Minister in the conduct of the investigation or inquiry or, as the case may be, in the performance of the special duties or services concerned."

54 EDUCATION. Na.tional Educa,tion Co-ordination, Etc., Act. 5 GEO. VI. No. 6, New s. 23E. 1 7. A new section 23E is inserted after section 23D of the Principal Act previously inserted, namely :- Power to establish National University colleges. "[23E.] (1.) The Governor in Council, on the recommendation of the Senate, may from time to time by Order in Council published in the Gazette establish outside the Area of the City of Brisbane (as defined in *" The City of Brisbane Acts, 1924 to 1940") one or more college or colleges or educational institution or institutions to be styled "National University college or colleges" and herein referred to as "the college." Place of (2.) Each such college shall be established at such ems3tanbt.lish. place within Queensland as the Governor in Council on the recommendation of the Senate may think fit. !J0llege to be (3.) Each such college shall be incorporated as part : ~ ~~ ~orated of and shall function as part of the University of function as Queensland. part of university. Ter~.and (4.) Any Order in Council establishing any such ? InOcnodrlptloOrnas· of college or any further O . r . der in . Council . may contain tion and such terms and condItIOns III relatIOn to such functions. incorporation and functions as the Governor in Council may on the recommendation of the Senate declare therein. Powers of Senate in respect of college. (5.) The Governor in Council may on the recommendation of the Senate from time to time by Order in Council, prescribe- (a) The powers, authorities, duties, and functions which the Senate may exercise and perform in respect of any such college so established; (b) The general arrangements for the local management, supervision, and control of any such college including, if necessary, the constitution of an advisory council in respect thereof; (c) The financial arrangements for or in respect of the establishment and/or maintenance of any such college; (d) Generally in respect of any matters or things which may be necessary or desirable to carry out the provisions of this section. * 15 G. 5 No. 32 and amending Acts. See v. 10, pp. 6 et Beg.

1941. EDUCATION. National Education Co-ordination, Etc., Act. 55 (6.) (i.) Except as otherwise may be provided in Powers of any Order I ' n CounCl 'I under t hI' S sect'IOn the powers Sofefnicaetres aasndto conferred on the Senate by section sixteen of this Act property, shall extend to and apply with respect to all professors, lecturers, examiners, and other officers and servants engaged in or in connection with any college established under this section. (ii.) Except as otherwise may be provided in any Order in Council under this section, the Senate shall have the entire management and superintendence over the affairs and concerns of each college established under this section and of any property of the University held upon trust for the purposes of a college established under this section, and in all cases unprovided for in this Act the Senate may in relation to any such property act in such manner as appears to them to be best calculated to promote the purposes of the college. (7.) The University shall have power to acquire ~ ifts, &;c., by gI· ft, deV· lse, or bequest any propert y upon t rust t 0 I t D o raelcaotIllOegne, apply the same or the proceeds thereof or the income therefrom for the benefit of any college established under this section and agree to the conditions of any such gift, devise, or bequest. When before the establishment under this section of a college any property real or personal has been vested in or acquired by any person upon trust for the purposes for which such college is established such person may when the college is established conveyor transfer the property to the University upon trust to apply the same or the proceeds thereof or the income therefrom for the benefit of the college. The acceptance by the University of any such property shall be a complete discharge to the person conveying or transferring the same. (8.) In the event of an advisory council being constituted for any college such members shall be appointed by the Governor in Council in the manner prescribed. An advisory council shall have and may exercise and perform such powers, authorities, duties, and functions as may be prescribed by Statutes of the Senate and the provisions of section twenty-four of this Act shall, mutatis mutandis, apply accordingly.

56 EDUCA'fION. ~ - - - - - - - - - - - - - - - - - - - - - ~ - - - - - -- National Educa.tion Co-ordination, Etc., Act. 5 GEO. VI. :'\0. 6, The Senate may delegate to an advisory council constituted for or in respect of any college established under this section any of the powers, authorities, duties, and functions conferred or imposed upon the Senate by this function." New s. 23F. 18. A new section 23F is inserted after section 23E of the Principal Act previously inserted, namely : - Board of "[23F.] (1.) The Governor in Council may from ~~ ~ ~ ~ tion. time to time appoint a Board to be called" The Board of Adult Education" (herein in this section referred to as "the Board "). Membership. (2.) The Board shall consist of fifteen persons appointed as follows:- (i.) The Director-General of Education for the time being who shall be ex officio a member and chairman of the Board; (ii.) Three other officers of the Department of Public Instruction to be appointed by the Governor in Council, one of whom shall be appointed as deputy chairman; (iii.) The President of the Professorial Board of the University for the time being who shall be ex officio a member of the Board; (iv.) Two other representatives of the University who shall be nominated by the Senate and appointed by the Governor in Council ; (v.) Two representatives of secondary schools, technical schools, and other educational institutions to be appointed by the Governor in Council; (vi.) Three representatives of industrial unions of employees (registered pursuant to *" The Indu8trial Conciliation and ArbitrationAct8, 1932 to 1938") to be appointed by the Governor in Council ; (vii.) Three representatives ofindustrial associations, unions, and organisations of employers (registered pursuant to *" The Indu8trial Conciliation and ArbitrationAct8, 1932 to 1938 ") to be appointed by the Governor in Council. >I< 23 G. 5 No. 36 and amending Acts. See v. 4, pp. 1020 et 8eq.

EDUCATION. 57 1941. National Education Co-ordination, Etc., Act. (3.) In the case of the illness or absence of the Ab~ ence of chairman the deputy chairman shall act as chairman of~ ~ ~ / : an the Board, and in the case of the illness or absence of deputy both the chairman and deputy chairman the members chairman. of the Board present at any meeting shall appoint one of its members to act as chairman. Any person so acting as chairman shall while he so acts have all the powers, authorities, and responsibilities of and shall perform all the duties of the chairman. (4.) The general functions of the Board shall be- Functions ( a ) T 0 make f rom t I' me t 0 tI.me recommendat'IOns of Board. to the Governor in Council for the promotion and extension throughout Queensland of suitable and practicable forms of Adult Education, and generally for the dissemination of knowledge throughout the State whether by tutorial classes, correspondence classes, extension classes, study-circles, home-reading circles, " listening-in" groups, vacation classes, or otherwise ; (b) To frame from time to time draft regulations and rules for submission to the Governor in Council concerning Adult Education, including the ambit and/or form thereof; (c) Subject to the Minister, to organise, supervise, and generally direct such activities for Adult Education as may be approved; (d) To make from time to time recommendations to the Minister concerning- (i.) The appointment of lecturers, teachers, tutors, broadcasters, examiners, and their remuneration, (ii.) Fees (if any) to be charged for tuition and examination, (iii.) The holding of examinations (in such groups as may be deemed desirable by the Minister) to test the proficiency of students who have completed individual courses of instruction, (iv.) The issue of certificates of proficiency to students successful at examinations; (e) To make arrangements for the periodic inspection of classes, groups, and/or circles;

58 EDUCATION. National Education Co-ordination, Etc., Act. 5 GEO. VI. No. 6, (f) To organise, manage, and control a central library for Adult Education purposes and to arrange for the lending of books to students, classes, and/or groups in the State under terms and conditions to be approved by the Minister. In this regard arrangements shall be mutually made between the Minister and the Senate for the placing at the disposal of the Board for the purposes of Adult Education the library previously used by the Senate in connection with the Department of Tutorial Classes; (g) To make recommendations to the Minister as to the annual grant of expenditure required by the Board for the purpose of the proper carrying-on of the activities of Adult Education; (h) Subject to the Minister, to manage and control the expenditure of all moneys allocated to the Board for Adult Education purposes; (i) To furnish an annual report to the Minister; and (j) To perform such other duties as the Governor in Council or the Minister may from time to time determine. Modifi- cations. (5.) Subject to this Act, the Governor in Council may from time to time make such modifications in regard to the constitution and/or functions of the Board as he may think fit and proper. Regulations. (6.) The Governor in Council may from time to time make regulations defining the ambit and/or form of Adult Education." New s. 23G. 19. A new section 23G is inserted after section 23F of the Principal Act previously inserted, as follows :— Proceedings "[23G.] No proceedings of the Academic Standing CoanfodBmomairtdteses CthoemBmoairtdteoefoProtsht-epUrimniavreyrSsittuydiSecshaonldarEsxhaipmsinBaotiaornds oorr iwtnohvbeaenlidnaotted. tahsemBeomabrderoofrAads uclhtaEirdmuacnatoiorndeopruotfyacnhyaiprmerasnonshaacltlinbge invalidated by reason of any defect in the appointment

1941. EDUCATION. National Education Co-ordination, Etc., Act. 59 or of any disqualification of any such person or by reason of there being any vacancy in the number of members of any such Board or Committee at the time of such proceedings." 20. The following new section 23H is inserted after New a. 23H. section 23G previously inserted, as follows :— "[23n.] If at any time under this Act the Senate Failure to or Council or any body or association refuses or fails to elect' nominate and/or elect their representatives or any of them as member or members of the Senate or of any Board or Committee constituted under this Act or such representatives or any of them refuse or fail to act as such member or members, the Governor in Council may appoint any person or persons to be a member or members, as the case may be, of the Senate or Board or Committee concerned, and any person or persons so appointed shall for all purposes be deemed to have been duly appointed as member or members of the Senate or, as the case may be, of the Board or Committee concerned." 2 1 . The following new section 231 is inserted after New 8 . 23 1. section 23x of the Principal Act previously inserted, as follows :— "[23r.] (1.) The Governor in Council may from Regulations. time to time make all such regulations providing for all or any purposes, whether general or to meet particular cases as he shall deem necessary or convenient to carry out the objects and purposes of the provisions of sections 23A, 23B, 23c, and 23F of this Act. Without limiting the generality of this provision, such regulations may provide— (a) For the appointment on the nomination of any prescribed body or association of persons of any member or members of any Board and/or Committee, or the appointment after election of any member or members by any prescribed body or association, or the appointment partly on nomination and partly on election: the conduct of such election by post or otherwise: the g compilation and revision of rolls of persons e entitled to vote at elections: the method t

60 EDUCATION. National Education, Co-ordination, Etc., Act. 5 GEO. VI. No. 6, of determining the qualifications of voters at elections, and the making of such list of voters conclusive evidence of the title to vote at any election: Provided that where any appointment may be made by the Governor in Council providing that such appointment may, if he thinks fit, be made pursuant to the above provisions, or any of them; (b) Prescribing the disqualifications from member- ship: the filling of casual vacancies arising from death, retirement, or resignation: and the appointment of a deputy to act for any member in the event of illness, absence, or other cases in respect of any Board or Committee; (c) Prescribing the business and proceedings of any Board or committee: the meetings, quorum, temporary absences from meetings, and the keeping of proper minutes and records of the proceedings; (d) Any matter or thing required or permitted to be prescribed. (2.) Any such regulations may be made on the passing of *" The National Education Co-ordination and The University of Queensland Acts Amendment Act of 1941."" Amendment 22. Subsection one of section twenty-six of the of s. 26. Principal Act is repealed and the following new subsection one is inserted in lieu thereof, namely Annual " (1.) During a period of seven years commencing fyeoneradrsoesw.vmenent ofonrttyhe- ofnires, t tdhaeyreofshJaullly,boenpeatihdotuosathned Sneinneatheuondurteodfatnhde Consolidated Revenue (which is hereby appropriated for the purpose) the annual sum of forty thousand pounds for the purpose of defraying the charges and expenses connected with the carrying-on, management, and control of the University: * This Act.

EDUCATION. 61 1941. National Education Co-ordination, Etc., Act. Provided that at the end of the aforesaid period of Review of seven years the amount of annual endowment as : ~ ~ . : nent. aforesaid shall be subject to review by the Governor in Council: Provided further, that such amount of annual Continuation endowment shall continue to be appropriated and paid ~~ : !~ ~ nt out of Consolidated Revenue to the Senate until the until Governor in Council otherwise determines by its review ~ ! ~ : = ~ d. thereof aforesaid." 23. A new section 30A is inserted after section New B. 30A. thirty of the Principal Act, as follows :- "[30A.] All Orders in Council and regulations made Orders in or purporting to have been made under this Act shall ~~ ~ ~~ \ o, : d be published in the Gazette, and thereupon shall have to form part the same force as if they were enacted in this Act and of this Act. shall be judicially noticed. Any such Order in Council or regulation may be rescinded or amended, whether by addition or otherwise, by a subsequent Order in Council or regulation under this Act. All Orders in Council and regulations shall be laid before the Legislative Assembly within fourteen days after such publication if Parliament is in session; and, if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such Order in Council or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Order in Council or regulation has been laid before it, such Order in Council or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business."