Public Instruction (Amendment) Act 1916 (NSW)

PUBLIC INSTRUCTION

(AMENDMENT) ACT.

Act No. 51, 1916.

An Act to amend the Public Instruction Act of 1880;

to provide for certificates of efficiency to certain

schools ; to enforce the attendance of children

at schools, and to deal with truancy ; and for these purposes to amend certain Acts ; and for purposes consequent thereon or incidental

thereto. [Assented to, 4th October, 1916.]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis­	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority
of the same, as follows :—

PART I.

PART I.—PRELIMINARY.
PART II.—ATTENDANCE OF CHILDREN AT SCHOOL.
PART III.—CERTIFIED SCHOOLS.
PART IV.—GENERAL AND SUPPLEMENTAL. Definitions.

PRELIMINARY.

1 . (1) This Act may be cited as the "Public

Instruction (Amendment) Act, 191G."

(2) This Act is divided into Parts, as follows :—

Definitions.

2 . (1) In this Act, unless the context otherwise requires,—

" Certified school" means any school other than a

State school certified as efficient under the

provisions of this Act, and includes a school

registered under this Act.

"Institution" means a special school for truants

only.

" Principal Act " means the Public Instruction

Act of 1880.

" State school " means school established under the Principal Act, or declared to be a public school under that Act.

" The Court " means the children's court established under the Neglected Children and Juvenile Offenders Act, 1905, and includes a magistrate

or justices exercising the jurisdiction of a

children's court.

"The Minister" means the Minister of Public Instruction, and includes any member of the executive council who may administer this

Act,

" Truant" is a child who habitually disobeys the order of his parent or guardian to attend

school.

(2) Where in this Act any other Act is referred to the reference shall be deemed to include any Act

amending the Act referred to. Repeal.

Sections twenty, twenty-one. and thirty-five of the Principal Act are repealed.

3 .

PART

PART I P

ATTENDANCE or CHILDREN AT SCHOOL.

4 . (1) The parent or guardian of any child between

the ages of seven and fourteen years shall cause him
to attend regularly a State or certified school.

(2) Every parent or guardian of a child between the

atyes of seven and fourteen years who fails to cause him to attend a State or certified school, or fails to cause him to attend at the State or certified school in which such child is a scholar on any half-day when the school

is open, and who fails to show to the satisfaction of the

court that such non-attendance on any half-day is due to one or more of the causes mentioned in subsection

(4) (a), (b), (c), (d), (e), (f), (g), or any other cause

deemed by the court to be sufficient, shall be liable to a penalty not exceeding five shillings for the first offence, and not exceeding forty shillings for any subsequent
offence in respect of the same child.

(3) In any prosecution under this section the statement on oath of the prosecutor that he believes the child to be of or about the age stated in the information shall be prima facie evidence of such age.

(4) It shall be a good defence to any such prosecution that at the date alleged in the information—

(a)	the child was of the age of thirteen years or more, and had received a certificate in the form of Schedule One ; or
(b)	that the child was receiving regular and

efficient instruction on at least eighty-five

days in each half-year in his home, the onus of
proof of which shall lie upon the parent or guardian;
(e)	the Minister had granted an exemption
certificate under this Act in respect of the
child, and that at the time aforesaid the
certificate was in force; or
(d)	there was not a school within three miles by the nearest practicable route of the place of residence of such child, or that the child was
less than eleven years of age, and there was not
a school within two miles by the nearest

practicable

practicable route of his place of residence : Pro- vided that in any case where the child may travel to school on a free pass by train, or by boat or other conveyance, this defence shall not be sufficient unless it be shown that the child would have to walk three miles, or if less than eleven years of age, two miles, in order to travel by such train, boat, or conveyance, such distance to he computed so as to include mileage to such train, boat, or conveyance, and also from the terminal point of the same to the

school;

(e) the child was prevented from attending school by sickness, danger of infection, temporary or permanent infirmity, or other sufficient cause, and within seven days after the date on which such sickness, danger, infirmity, or cause occurred or arose the defendant gave or caused to be given notice

thereof in writing to the teacher of the school

which the child attended immediately prior to

such date ; or

(f)	the absence from school was by reason of the child's disobedience, and was not due to any neglect or default of the defendant ; or
(g)	the child had not been absent for more than six half-days during the three months during which the school had been open immediately preceding such half-day.

(5) An attendance for not less than two hours

during the period for which school is open on any half-

day shal l constitute attendance on such half-day, but	any child having received the teacher's sanction to leave
school on any half-day before the completion of the
hours appointed shal l be deemed to have attended on such half-day.

Register of attendances.

5 .    The proprietor or principal teacher of any certified

school shall—

(a)	keep a register, in a form approved by the Minister, of the attendance of scholars at his
school; (b)

(b) at the request of an inspector of schools, attendance officer, or other person authorised

by the Minister, produce to him such register

and permit him to inspect and make extracts from the same;
(c)	on request furnish the Minister with a return in the form of Schedule Two, and also furnish, when required, any information concerning the attendance of scholars which the Minister may deem necessary in order to secure compliance with the provisions of this Part,

If any such proprietor or teacher fails to carry out any of the provisions of this section, or falsifies any such register or return, he shall be liable to a penalty not exceeding ten pounds.

Exemption certificates.

6 . The Minister may grant a certificate exempting

a child from the attendance at school required by this
Part where he is satisfied—

(a)	that the child receives efficient instruction at home or elsewhere ; or
(b)	that such conditions exist as make it necessary

or desirable that such certificate should be

granted; or

(c) that there is not adequate school accommo­ dation.

A certificate granted under this section shall be in
force for the period mentioned in the certificate and

no longer.

7 . When it is proved to the satisfaction of an inspector that a child is educated up to the standard

of education required by the Principal Act, and is of

the age of thirteen years, such child shall receive a
certificate in the form of Schedule One.

Truants.

8 . (1) If in any prosecution under this Part for failing to cause a child to attend a school there is evidence of the service of a notice on the parent or guardian that it is intended to charge that the child is

a

a truant, the court is satisfied that the child is a truant, it may order him. to be sent to an institution selected by the Minister for the detention of truants.

(2) A child sent to any such institution in pursuance of any such order shall he there detained until he reaches the age of fourteen years and may he transferred by the Minister to any other institution.
Where a child has, in pursuance of this section, been detained in any such institution for any period deemed sufficient by the Minister, he may grant a license under which the child may leave such institution.

(3) Any child permitted to leave any such institu- tion in pursuance of such license shall regularly al tend a State or certified school, as may he specified in the license, and the teacher in charge of such school shall, if the child is absent from such school on any occasion, report to the Minister. If in the opinion of the Minister the child is not attending the school regularly, he may withdraw the license and order the child to be again sent to any institution that he may specify.

(4) Provided that in the selection of any institu­ tion under this section the Minister shall have regard to the expressed desire of the parent or guardian of such child as to the religious training of the child, or, in the absence of such expressed desire, to the desire of the authorities controlling an institution of the religious denomination to which the child belongs.

9. (1) If it appeal's to the court on complaint by or on behalf of the Minister, that any parent is of ability to maintain or to contribute to the maintenance and training of his child during his detention as a truant the court

person as he appoints a reasonable sum not exceeding may order the parent to pay to the Minister or to such

ten shillings per week for or towards the maintenance

and training of such child.

(2) Any order made under this section shall be enforced, and may be appealed from, quashed, con- hrmed, or varied in the same manner in all respects as an order made under the Infant Protection Act, 1904.

c PART

PART I I I .

CERTIFIED SCHOOLS.

10.       (1) The proprietor or principal teacher of any

school other than a State school, attended by children between the ages of seven and fourteen, may apply to the Minister for registration of the school under this section, and he shall cause it to be registered on a list to be kept for that purpose, and upon registration the school shall be a provisionally certified school from the time of registration to the thirty-first day of December next ensuing.

(2) Any person desirous of establishing any school, to be attended by children between the ages of seven and fourteen, other than a State school, after the date of the commencement of this Act may apply to the Minister for registration of such school, and if the Minister is satisfied from evidence submitted by the applicant that the premises in which it is proposed to conduct such school are provided with proper access, drainage, light, ventilation, and sanitary conveniences, and that the school will provide regular and efficient instruction, he shall cause it to be registered on a list to be kept for that purpose, and upon registration the school shall be a provisionally certified school for a period of six months dating from the time of registration.

(3) The Minister shall before the expiration of the period for which provisional registration has been given under the first or second subsection, cause every school so registered to be inspected by an inspector of schools, and where the inspector reports that efficient
and regular instruction is being given in any school, the
Minister may issue a certificate to that effect, and such

school shall then be a certified school during a term to
be stated in the certificate.

(4) If the inspector upon inspection of any school is of opinion that efficient and regular instruction is not being given he shall so inform the Minister, and shall state the reasons for his opinion. Notice shall be sent to the proprietor or principal teacher of such school informing him of the said reasons, and requiring him to make the changes necessary to ,the efficiency of his school. The inspector thereafter may make a further

inspection,

inspection, and if he reports that efficient and regular instruction is then being given the Minister may issue the certificate mentioned in the next preceding subsection:

Provided that if at the expiration of that period the school has not obtained a certificate, the proprietor or principal teacher may appeal to the Bursary Endow­ ment Board constituted under the Bursary Endowment Act, 1912, and if the Board advises the granting of a certificate such certificate shall issue.

(5) In any case where a school registered under the first or second subsection has not obtained a certi- ficate under the third or fourth subsection, the Minister may extend to the thirtieth of June next ensuing the time for obtaining a certificate, and in such case the school shall until that date continue to he a provisionally certified school.

(6) A school may he certified as being efficient for the instruction of all children, up to the standard of education required by the Public Instruction Act of 1880, or may be certified as efficient for the instruction of children up to certain ages only as may be prescribed, and any certificate issued may be recalled by the Minister upon report by an inspector that the age limit stated therein should be altered, and the Minister may thereupon issue a new certificate in accordance with such report.

(7) Certified schools may be by direction of the Minister inspected from time to time, and any certifi­ cate issued under this section may be cancelled by the Minister if he is satisfied upon inquiry and report that

or principal teacher is guilty of any breach of this Act :	efficient and regular instruction is not being given in the school named in the certificate, or if the proprietor
Provided that notice of the intention to cancel such certificate shall be given to the proprietor or principal teacher who may within one month of such notice appeal to the Bursary Endowment Board, and if the board advises the continuance of the certificate such certificate shall not be cancelled.
(8) The Minister shall cause to be kept a list of certified, schools, and shall from time to time publish such list in the Gazette.

11.      (1) Any inspector or medical officer appointed

by the Minister may at any time enter any building and premises in which a school is held for the purpose of ascertaining whether such building and premises are provided with proper access, drainage, light, ventilation, and sanitary conveniences.

(2) If the Minister considers that such building or premises are not so provided or are in disrepair, he may give the proprietor or head-teacher notice to provide proper access, drainage, light, ventilation, or sanitary conveniences, or to place the building or pre­ mises in proper repair; and if within one month or such further time as the Minister may direct such notice has not been complied with to the satisfaction of the Minister, it shall be unlawful to conduct a school in such building or premises, and such school, if certified, shall cease to be a certified school :
Provided that such requirements of the Minister shall not be of a higher standard than those generally provided in a State school similarly situated and circumstanced.

12.      Teachers or proprietors of certified schools shall

furnish returns to the Minister in the forms prescribed.

P A R T IV.

GENERAL AND SUPPLEMENTAL.

General provisions.

13. Where, in pursuance of this Act, notice in

writing is given to a teacher that a child was prevented

by any cause from attending school, such teacher shall	file such notice for inspection by any inspector or
officer authorised in that behalf by the Minister.
14. At such times and in such localities as the Minister directs, any person appointed for the purpose shall cause to be delivered at each dwelling-house by post or otherwise a form of return as set out in Schedule Three or to the like effect.
A parent or guardian of any child between the ages of seven and fourteen years residing in such house shall, within the prescribed time, fill in such form of return with regard to such child, and cause same to be returned
as prescribed. Any

Any such parent or guardian who—

(a)	fails, refuses, or neglects to fill in and return or cause to be filled in and returned such form with respect to any such child ; or
(b)	wilfully makes any false statement on such form

shall be liable to a penalty not exceeding one pound.
15. For the purpose of obtaining names and ad­ dresses, any attendance officer authorised by the Minister in that behalf by writing may during school hours accost any boy or girl apparently between the ages of seven and fourteen years who is apparently not in attendance at school as required by this Act, and may accompany such boy or girl to his or her home to verify the information.

1. An order made by the court or by the Minister

under this Act that a child be sent to an institution shall be forwarded to the person having the chief immediate control of such institution, and shall be a sufficient warrant for the detention of the child pursuant to this Act.

1. The Minister may refuse the admission of any

child to any State school if there is accommodation for such child in another State school within the pre­ scribed distance of the dwelling-place of such child.

Regulations.

1. The Governor may make regulations for carrying

out the provisions of this Act, and in particular—

(a) providing for the treatment of children sent to institutions in pursuance of this A c t ;

(b) prescribing the forms of orders, certificates,

(c) providing for the imposition of penalties not and other documents under this Ac t ; and	exceeding in any case ten pounds for the
breach of any such regulation.

The provisions of the Principal Act in respect of regulations made thereunder shall apply in respect of regulations made under this Act.

Legal procedure.

1. I n any proceedings under this Act a certificate

purporting to be under the hand of the principal teacher of a State school, or the proprietor, headmaster.

or

or principal of any other school, stating that a child is or is not attending such school, or stating the particulars of attendance of a child at such school, shall be prima facie evidence of the facts stated in such certificate.

20.      Every proceeding under this Act shall be taken

in the name of the Minister by such person as he
may authorise in writing in each case in that behalf.

2 1 . Every complaint or information under this Act shall be heard and determined, and all penalties under this Act or the regulations thereunder may be imposed by the court.

SCHEDULES.

S C H E D U L E O N E .

Certificate of a child being sufficiently educated.

I HEREBY certify t h a t has been educated up to

t h e s t anda rd	of	education required by the Publ ic Ins t ruc t ion Ac t of
1880.

D a t e d a t t he day of A.D. 19 .

Inspector .

S C H E D U L E T W O .

Return for the four school weeks ended

N A M E S of all scholars, between t h e ages of seven and fourteen, who have been absent over four days or eight half-days dur ing th is period, and of such other scholars for whose absence no satisfactory reason has been assigned.

C h i l d - Parent or guardian Present

Name in Age. Days absent. (state if a widow). address. Remarks.

full.	Name in full.
School D a t e

Propr ie tor (or Pr inc ipa l Teacher) .

S C H E D U L E

SCHEDULE THREE.

Return of children between the ages of seven and fourteen years.

If at school, If in employment,

Name and sur- showing what state what employ-

Num- Sex - Age last Date of school, or ment, name of

name of each

ber. M.orF. birthday. birthday. whether in- employer (if any),

child in full. structed at and place of employ-

home. ment.

1

2 3 4 5

• 6

7 S

The foregoing is a true statement as to all children between the ages of seven and fourteen years residing in this dwelling-house on .*

(Signature of Parent or Guardian.)

Occupation

Date 19

* Date to be specified.

S U P P L Y