Public Instruction Act of 1880 No 9a (NSW)
| N o. 23. | 43« VIC. | 1880. |
Public Instruction.
No. XXIII.
P ublic
| I nsteuction. | An Act to make more adequate provision for |
| Public Education. | \\QtJi April, 1880.] |
it enacted by the Queen’s Most Excellent Majesty by and with _ D the advice and consent of the Legislative Council and Legisla tive Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—
| Act 30 Vie. No. 22 | 1. The Act thirty Victoria number twenty-two known and cited |
| repealed and Covincil |
| of Education dis | as “ The Public Schools Act of 1866 ” shall be and is hereby repealed |
| solved. | and the Council of Education created by the provisions of that Act is hereby dissolved and all the powers and authorities hitherto exercised by the said Council shall be and are hereby transferred to the Minister of Public Instruction or the member of the Executive Council acting on his behalf. And all the lands moneys securities and personal property vested in or held in trust for or belonging to the Council of Education shall by virtue of this Act revert to and be held by the Crown under the direction control and autliority of the Minister for the time being subject however to the contracts liabilities and claims lawfully made or incurred by the said Council at the date of the passing of this Act. |
| Sums appi’opriatod | 2. A ll sums of money appropriated by Parliament for the |
| by Parliament for |
| Education liow to be | purposes of Public Instruction except such as are otherwise appropriated |
| expended. | by special enactment shall be expended by the Minister under the provisions of this Act. |
| Appointment of | 3. A ll persons employed under tlie Department of Public |
| officers. | Instruction shall be appointed and removed by the Governor and all Inspectors and Teachers of Schools and all officers connected therewith so appointed sliall be Civil Servants of the Crown Provided that until such inspectors teachers and other officers as may be necessary shall be so appointed the persons employed by the Council of Educa tion shall be continued in their respective offices. |
| Land for the | 4. All lands acquired under this Act or by grant purchase or |
| purposes of |
| Education. | bequest in future for the purposes of Public Instruction shall be held by the Crown in trust for the maintenance of the several classes of schools herein provided for and for no other except in cases wherein other conditions shall be imposed by law and the Minister shall have power subject to the Governor to sell any such lands and to convey the same to the purchasers thereof and to invest the proceeds arising therefrom in the purchase of other lands or in the erection of school buildings for the purposes aforesaid. |
| Public Schools. | 5. A ll schools hitherto established and maintained by the Council of Education as Public Schools shall become and are hereby declared to be Public Schools under the provisions of this Act. |
| Classes of schools to | 6. The several classes of schools herein defined may be estab (i.l Public Schools in which the main object shall be to afford the best primary education to all children without sectarian or class distinction. |
| be established and |
| maintained. | lished and maintained under this Act as fully organized schools namely— |
(ii.) Superior Public Schools in towns and populous districts in which additional lessons in the higher branches of education may be given under such regulations for the purpose as may be approved by the Governor.
(ill.) Evening Public Schools in which tlie object shall be to instruct persons who may not have received the advantages of primary education.
| ' | (iv.) |
| 1880. | 43« VIC. | N o. 23. |
Public Instruction.
(iv.) Hi"li schools for hoys in which the course of instrmhion shall he of such a character as to complete the Public School curriculum or to prepare students for the University.
(v.) Ilig’h Schools for "iris.
7. In all schools under this Act the teachin" shall he strictly Secuinr instruction.
non-s('ctarian hut the words “ secular instruction ” shall be held to include general religious tt'aching as distinguished from dogmatical or polemical theology and lessons in the history of England and in the history of Australia shall I'orm part of the course of secular instruction.
| 8. | A Public School may be established in any locality Avdiere after Public sdiook may | V | *J | U p | p a l 11 n l i h i n A f l |
| due impiiry the Minister sliall he satisfied that there are at least tiventy | ' |
| children who Avill regularly attend such school on its estahlishment. |
9. On the advice ol' the Minister after due inquiry any Public Superior Public
School may by proclamation in the Gazette by the Governor be appointed to he a Superior Public School.
10. If in any locality where a Public School has been established Evening Public
the parimts guardians or other residents apply by petition on bebalt of not fewer than ten persons for the establishment of an Evening Public School th(' Minister may on being satislii'd of all the circumstances establish such school Provided that all such schools shall be in tlie charge ot a properly trained teacher
11. In all Public Schools the Avcekly fee shall not exceed P«Wi(! School fees,
threepence for each child up to four children of one family and for four or any larger number of the same family the total amount of fees shall not exceed one shilling And in every case the fees shall be payable to the teacher in charge of the school or other pei'son appointed by the Minister to receive them and may lie recovered by the person so appointed in a summary Avay before any Justice of the Peace and under regulations to be made for such purpose shall be remitted to the Colonial Treasurer and shall be paid into tlie Consolidated Revenue Eund.
12. The fees for tbe teaching in Evening Public Schools shall be Foes in Evening
lixcxl l)y regulations approvcxl by the Governor and all such fees shall be paid to tbe teacbers performing such special duties and may be recovered by sucb teacher in a summary ivay before any Justice of the Peace.
13. The Minister or the Public School Board of the Distinct Payment of school
under regulations to be made for that purpose may relieve parents or certain
guardians from the payment of school fees in any case where their
inability to pay such fees is satisfactorily shown.
14. It shall be lawful foi’ any station-master on the Government Free Railway passes
Raihvays to issue a free pass to any child to travel in a suitable raihvay carriage or I’an to and from any school established or detdared to be certified under tliis Act Proidded that such school if a Public School shall be the one nearest to the residence of the parents or guardians of such child.
15. Every Public School Avhere there is a regular attendance of ciass-rooms to be
not fewer than fifty pupils shall have attached to it a class-room adapted for the more efficient conduct of the said School and the buildings of larger Public Schools shall have attached to them one or more similar class-rooms as may after due inqtxiry be considered necessary for tbe number of pupils attending sucb schools.
16. In the construction of all Public Schools the apportion- Apportionment of
ment of space inside the building shall not bo less than one bundred hSing.r'’°°'
cubic feet for each child ordinarily in attendance Provided that no
ehild shall be refused admission to or be entitled to claim exemption
fi’om attendance at any such school by reason of the space for each
child falling temporarily beloxv such rule of apportionment.
17. In every Public School four hours during each school-day Hours for secular
shall be devoted to secular instruction exclusively and a portion of
each day not more than one hour shall be set apart when the children Religious instruction
may be given.
| No. 23. | 43 ̂ VIC. | 1880. |
Fnhlic Instruction.
of any one religious persuasion may be instructed, by tbe clergyman or other religious teacher of such persuasion but in all cases tbe pupils receiving such religious instruction shall be separated from the other pupils of the school And the hoiir during which such religious instruc tion may he given shall he fixed by mutual agreement between the Public School Board in consultation with the teacher of such school and the clergyman of the district or such other person as may be duly authorized to act in his stead and any class-room of any Public School may he used for such religious instruction by like agreement Provided that if two or more clergymen of different persuasions desire to give religions instruction at any school tlic children of each such diflerent persuasion shall he so instructed on different days Provided also that the religious instruction to he so given shall in every case he the religious instruction authorized by the Church to Avhich the clergyman or other religious teacher may belong Provided further that in case of the non-attendance of any clergyman or religious teacher during any portion of the period agreed to Ijc set apart for religious instruction such period shall he devoted to the ordinary secular instruc tion in such school.
| Objection to reiigioua | 18. Notwithstanding anything to the contrary in the last preceding section no pupil in a Public School shall he required to receive any general or special religious instruction if the parents or guardians of such pupil object to such religious instruction being given. |
| instniction. | |
| Public School' | 19. The Governor by proclamation in the Gazette may consti- define Puhlic Scliool districts containing one or more Public Schools and may appoint a Puhlic School Board for any such district to consist of not more than seven persons And the duties of every Puhlic School Board shall he— |
| Distncts and Boaidg. |
(i.) To regularly visit inspect and report upon the school placed
under their supervision.
| (ii.) | To suspend any teacher for misconduct in cases not admitting of delay and to report immediately the cause of such suspen sion to the Minister. |
(ill.) To use every endeavour to induce parents to send their children regularly to school and to report the names of parents or guardians who refuse or fail to educate their children.
| Duty of parents | 20. After the expiration of three months from the passing of |
| enjoined. | this Act it shall he obligatory upon the parents or guardians of all children between the ages of six and fourteen years (unless just cause of exemption can he shown) to cause such children to attend school for a jicriod of not less than seventy days in each half-year But any of the following reasons shall he hold to ho a just cause of exemption— |
(i.) That the child is being regularly and efficiently instructed in
some other manner.
(II.) That tlie child has been unable to attend school from sick ness or infirmity or from fear of infection or other unavoid able cause.
(ill.) That there is no school maintained under this Act within
two miles by the nearest road of the residence of the child.
(iv .) That the child has been educated up to the standard of
education required.
| Punishment for | 21. The Governor by proclamation in the Gazette may declare |
| neplecling to send | any Puhlic School District to he a portion of the Colony where tlie |
| children io school. | obligation upon parents enacted by the last jireccding section may he enforced and any parent or guardian in such proclaimed district who shall neglect to send his children to school without just cause of exemption may he summoned by any person appointed for that |
jmrposc
| 1880. | 43« VIC. | N o. 23. |
I ’nhlic Instruction.
purpose 1)V tlic Minister before two or more Justices in Petty Sessions assembled and on conviction of tbe first offence sliall forfeit and pay a sum not exceeding five shillings and for every succeeding offence a sum not exceeding twenty sbillings and in default the person so offending may be imprisoned for a term not exceeding seven days.
22. In remote and thinly populated districts where no Public ProTisionai suiooU
| School may exist the Minister may establish sebools which shall not | 111 | P P V I J I I I I | P J 1 S P 5 |
| be classed as fully organised but as provisional only under regula tions for that purpose to be approved by the Governor Provided that in all such schools the course of instruction shall be wholly secular and that all such schools shall be subject to the same control and inspection as arc prescribed for Public Schools Provided further that so soon as twenty children shall have been in regular attendance at any such school for three months the said school shall be converted into a Public School. |
23. In districts where from the scattered state of the population uincKint icaciiers
| and from other causes it is ]iot practicable to collect a suflicient nuni- | appointed, |
| ber of children to form a permanent school the Minister may appoint itinerant teachers nndcr regulations to be approved of by the Governor. |
21. Training Schools shall be established for the education of TraininR sdioois to
| teachers both male and female and the teachers so trained and educated | established, |
| shall be classified according to their attainments and skill in teaching and shall receive certificates of competency Avhich shall qualify them for corresponding grades in the school service. |
25. Ilit^h Schools for boys mav be established in which instruc- High Schools for
| ■ | tion shall be given in ancient and modern languages in history in “‘> | 3'e''e'>eestaDii8uca. |
| literature in mathematics and in physical science together with such other sulijccts as the Minister may from time to time direct. |
2(5. High Schools for girls may be established in Avhich instruc- High Schools for
| tion shall be given in modern languages history music the elements of | to be established, |
| mathematics and physical science together Avith such other subjects as the Minister may from time to time direct. |
27. The fees to be charged and the discipline to be maintained in Fees and discipline
| High Schools and for the higher classes in superior Public Schools and *“ | schools, |
| all other matters necessary to bo done for the efficient conduct of such schools shall be determined by Regulations approved by the Governor. |
28. Subject to the provisions hereinafter contained all Denomi- Aid to Denomi
| national Schools certified by the Council of Education at the passing | ychooU to |
| of this Act shall be continued and held to be so certified until the | ' |
| thirty-first day of December one thonsand eight hundred and eighty- | |
| tAVO after which date all aid to such schools from the Consolidated | |
| Revenue shall Avholly eease Provided that all sueh eertified Denomi |
| national Schools shall in the meantime be subject to the same course | - |
| of secular instruction the same regulations and the same inspeetion as may be prescribed by this Act or by the Regulations made thereunder in respect to Public Sebools. |
29. It shall be lawful for tbe Minister at any time to Avithdraw AVitbdrawai of
| the certificate from any Denominational School for either of the | ' |
| . folloAving reasons :— |
(i.) The regular attendance of pupils falling below the minimum
of thirty.
(i i .) The dilapidated or unhealthy state of the building in which
the School is held.
30. In all Denominational Schools held to be certified under this Fees payable at
Act and during the currency oi the ccrtiiicates the tees payable tor schools, charge of the school to the Colonial Treasurer and shall be paid into the Consolidated Revenue Eund.
pupils attending such schools shall be the same as those payable at
| c | 31. |
| No. 23. | 43̂ ̂VIC. | 1880. |
| Public Instruction. |
| uie'̂ 'iacĉ of | expiratiou of the term allowed for the continuation |
iSminrtionri ° of Certified Denominational Schools the place of such schools shall Schools. pg supplied where necessary hy Public Schools and steps shall be taken
previous to the thirty-first day of December one thousand eight hundred and eighty-two wherever it may he deemed expedient for the establishment of such Public Schools.
| Buildings of | 32. It shall he laivfulfor the Minister to purchase the buildings |
discontinued
| Denominational | of such Denominational Schools as may he discontinued after the |
| Schools may be | |
| purchased. | Government aid shall have been withdrawn the value of such buildings in every such case to he ascertained hy arbitration in accordance with Regulations under this Act Provided that in every such case the building shall he suitable dor the purposes of a Puhlic School. |
| Scholarships and | 33. In addition to any sum which may he specially appropriated |
| exhibitions. | hy Parliament for any such similar purpose any private person may collect raise or give a sum of money towards founding a scholarship or exhibition at tlie University of Sydney in connection with any Public School and money or land or both may he bequeathed for that purpose And every such scholarship or exhibition shall he open to any child on the roll of such school and in the event of any school for which a scholarship or exhibition shall be founded being discontinued the Minister may direct that the scholarship or exhibition shall attach to some other Public School. |
| Notification of new | |
| schools. | 34. Notices of all proposals to establish schools as classified under section six of this Act shall be published four times in the Gazette previous to the final decision thereon of the Minister. |
| Certificate to pupils. | 35. When any child attending a Public School is educated up to the standard of education required by this Act such child shall receive a certificate in the form of Schedule A hereto. |
| Annual report. | 36. On or before the thirty-first day of March in every year the Minister shall lay before the Governor his report on the condition and progress of the several classes of schools established and maintained under this Act together with a detailed statement of the expenditure in the maintenance of such schools and copies of the same shall be laid before both Houses of Parliament within one month if Parliament be then sitting and if Parliament be not sitting then within one month after the commencement of the next ensuing Session thereof. |
| RegulatioDB to have | |
| the force of law. | 37. It shall be lawful for the Governor to make Regulatioiis for carrying ont the provisions of this Act and copies of all such Regulations shall be laid before both Houses of Parliament within one month if Parliament be then sitting and if Parliament be not then sitting then within one month after the commencement of the next ensuing Session thereof and if not disallowed by resolution of both Houses within one month of their being so laid before Parliament such Regulations shall have the force of law and shall thereupon be published in the Gazette for general information. |
| No action or suit | shall bo maintained38. No action or suit shall be brought or maintained against | |
| agalnsTthrM̂ ster. s-iiy persou who may have held or shall hold ofiice as Minister of Public Instruction for any nonfeasance or misfeasance in connection with the duties imposed upon him by this Act. | ||
| Interpretation of | ||
|
“ Governor” shall mean the Governor with the advice of the
Executive Council.
“ Gazette ” shall mean the Government Gazette of the Colony. “ Denominational School” shall mean the Schools certified as
such under the ninth section of the “ Public Schools Act of
1866.”
Minister
| 1880. | 43̂ | ̂VIC. | N o. 2 4 |
Obscene Publications Prevention.
“ Minister” or “ Minister of Public Instruction” shall mean any member of the Executive Council holding a political office who may administer this Act.
“ Teacher ” shall include assistant or pupil teacher or any person
forming part of the educational staff of a school.
“ Guardian ” shall mean any person legally appointed as such or
| . | any person known to have hahitual charge of a child. |
“ History of England” shall mean and include the History of
Great Britain and Ireland.
“ Standard of Education ” shall mean and include competency in reading writing and arithmetic to the satisfaction of a duly ajipointed Inspector of Schools.
40. This Act shall come into operation on the first day of the Commencement of
| month next following its passing and becoming law and shall be called | ' |
and may bo cited for all purposes as the “ Public Instruction Act o f 8 ' ' ° ^ title.
1880.”
SCHEDULE A.
Certijicafp, o f a Child leing mflcienthj educated.
| I iiEREBT certify that | has been educated up to the standard of |
education required by the “ Public Instruction Act of 1880.”
| Dated at | the | day of | a .d . 188 | . |
Inspector,
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