Public Education Acts Amendment Act 1926 (WA)

No. 30.] Public Education. [1926.

PUBLIC EDUCATION.

17° GEO. V., No. XXX.

No. 30 of 1926.

AN ACT to amend the Law relating to Public

Elementary Education.

[Assented to 8th December, 1926.]

B E it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

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

Amendment Act, 1926.

Amendment of "sec.

10 of 0$ Vie. No. S. 2. Section ten of the Public Education Act, 1899, is

hereby amended as follows :-

(a) By omitting the words " in the name of the Minister " in the first paragraph, and inserting after the words " Court of summary jurisdic- tion " the words " on the complaint of a compulsory officer or an inspector, or of any other person authorised in that behalf by the Minister " ;

(b) By omitting all the words in the first paragraph after the words " subsequent offence " to the end of that paragraph ; and

(c) By omitting the words " that the proceedings

are authorised by the Minister " in the second

paragraph, and inserting in place thereof

in the complaint that the complainant is a

compulsory officer or inspector, or a person

authorised in that behalf by the Minister."

Amendment of see.

of No. 6 of 3. Section three of the Public Education Amendment

/005. Act, 1905, is hereby amended by omitting the words " in

1926.j Public Education. [No. 30.

the name of the Minister " in subsection one and inserting in place thereof the words " on the complaint of a com- pulsory officer or an inspector or of any other person author- ised in that behalf by the Minister."

4. Section four of the Public Education Amendment Act, 1905, is hereby amended as follows :—By inserting	Amendment of sec.
4 of Act No. 6 of
1906.
in line two of subsection one thereof, after the word " elementary," the words " or secondary " ; and by inserting in line seven of paragraph (a) of the said sub- section one after the word " and," the words " a list of all scholars between those ages who have been admitted, with the date of admission, and the name of the last school attended, and a list."

5. Section two of the Public Education Amendment tent hnttgpfN

Act, 1907, as amended by the Public Education Acts (1119°42:	IQ
Amendment Act, 1919, is hereby further amended as
follows :-

(1) In paragraph (d) thereof the words " there is a Government or efficient school within six miles of such child's residence and " are omitted, and the words " to a Government or efficient school " are inserted after the word " conveyance " in line five.

(2) In paragraph (e) thereof the words " there is a Government or efficient school within eight miles of such child's residence and " are omitted, and the words " to a Government or efficient school " are inserted after the word " convey- ance " in line five.

(3) A proviso is added to the section as follows :-

Provided also that, subject to the regulations, a grant at a prescribed rate per day may be made to the parent or guardian of a child who rides to school, in lieu of the provision by the Minister of any other means of conveyance ; and in such case the Minister shall be deemed to have provided a satisfactory means of conveyance, within the mean- ing of paragraphs (d) and (e) of this section.

6. (1) Any teacher in the service of the Education Department who, for alleged misconduct or breach of the regulations, is	Board.
Teachers' Appeal

(a) fined any amount in excess of fifteen shillings ;

No. 30.] Public Education. [1926.

(b) transferred at his own expense ;

(c) reduced to a lower class or grade ;

(d) reduced from any position to a position carrying

a lower salary ; or

(e) dismissed ;

may appeal to an Appeal Board constituted as hereinafter

provided.

(2) The Appeal Board shall consist of the following

persons :---

(a) A Police or Resident Magistrate to be appointed by the Governor, and to be the Chairman of the Board.

(b) A representative of the Director of Education,

to be appointed by him.

(c) The representative of the teachers, or his deputy for the time being, on the Public Service Appeal Board constituted under the Public Service Appeal Board Act, 1920.

(3) Notice of appeal to the Board shall be given to the Director of Education within one month after receipt of the notification of the decision appealed against, and the appeal shall be heard as soon as practicable after the date of the notice being so given. The sum of two pounds shall be deposited by appellant as security for costs.

(4) The decision of any two members of the Board

shall be the decision of the Board.

(5) On any such appeal the following provisions shall

apply :---

(a) The Board may admit evidence taken at any departmental ir quiry at which the appellant was present and had an opportunity of hearing the evidence and of giving evidence.

(b) Evidence of witnesses resident more than twenty miles from the place of the sitting of the Board may be taken by affidavit or otherwise, as prescribed by the Board.

(c) All evidence shall be taken on oath.

(d) The teacher may conduct his case in person or

by an agent, but no legal practitioner shall appear on behalf of the appellant or the department.

1926.] Public Education. [No. 30.

(e) The Board may regulate its own procedure and shall have the same powers as to witnesses, papers, and documents as the Public Service Appeal Board constituted under the Public Service Appeal Board Act, 1920.

(f) The Board may confirm, modify, or reverse any decision, determination, or finding appealed against, and the decision of the Board shall be final and be given effect to.

(g) The Board may, in its discretion, fix the costs of any appeal, and direct by whom and in what manner the costs shall be paid.

(h) Any costs awarded against an appellant shall

be recoverable as a debt due to the Crown.

(i) Any costs awarded to an appellant shall be

payable by the Department.

(6) An appeal shall not be heard in public, unless for some special reason the Board deems it advisable that it should be so heard.

7. All copies of the Public Education Act, 1899, here- ba

after printed by the Government Printer shall be printed amended.

as amended, under the supervision of the Clerk of Parlia-

ments. In such reprint section two of the Public Educa-

tion Amendment Act, 1907, as amended, shall be inserted

in place of the repealed section six, and sections three and

four of the Public Education Amendment Act, 1905, shall

be inserted in place of the repealed section thirteen and as

section seventeen A respectively, and the words " the

Interpretation Act, 1918," shall be substituted for the

words " the Interpretation Act, 1898," in section twenty,

and the schedules to the Public Education Amendment Act,

1905, when inserted shall be numbered the Second and

Third Schedules.