Public Instruction and University (Amendment) Act 1936 (NSW)

Public Instruction and University (Amendment)

Act.

PUBLIC INSTRUCTION AND UNIVERSITY (AMENDMENT)

ACT.

Act No. 21, 1936,

An Act to amend in certain respects the Public Edward viiii Instruction Act of 1880, the University nq. 21, 1936. and University Colleges Act, 1900, the

Bursary Endowment Act, 1912, and certain other Acts; and for purposes connected therewith. [Assented to, 22nd June, 1936.]

"I3 B it enacted by the King’s Most Excellent Majesty, I ) hy and vith the advice and consent of the Legis

lative Council and Legislative Assembly of Neev South	,
Wales in Parliament assembled, and by the authority of the same, as follows :—

PART I.

P kelim ix aey .

■

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

Instruction and University (Amendment) Act, 1936.”

and com-

(2)	This Act shall commence upon a date to be

appointed by the Grovernor and notified by proclamation

published in the Gazette.

2 . This Act is divided into Parts as follows	Division
into Parts.

PART

I— P e elim in a ey .

PART

II— A m ex d m ex t

P ublic

I x steu ction

A ct

OF 1880.

PART

III— A m ex d m ex t

of U xiveesity axd U k iv ee-

siTY C olleges A ct, 1900, as amexded .

PART

IV.—A m ex d m ex t

B uesary

E xdow m ext

A ct, 1912.

PART

1 2 2 Public Instruction and University (Amendment)

Act.

No. 21, 1936.

PART II.

A m en d m en t of P ublic I n struction A ct of

1880.

Amendment	3 . (1) The Public Instruction Act of 1880 is
of Act 43

Vic. No. 23.

amended—

8ec. 4.

(a) (i) by inserting in section four after the word (ii) by inserting at the end of the same section the words “ The Minister on behalf of the Crown may exchange the whole or any por tion of any lands held by the Crown under this section for any other land, upon such terms and conditions as the Minister may deem fit, including the payment or receipt of money for equality of exchange, but no

(Land for	“ purchase” the word “ exchange” ;
purposes of
education.)

:	such exchange may be made by the Minister
I	unless the Govenior’s approval of the pro-
I	posed exchange and of the terms and con
i	ditions thereof has been first obtained.

The Minister may grant a lease of any

i	lands or any part thereof held by the Crown

' under this section.

The term of any such lease shall not ex

ceed ten years.”

See. 13.	(b) by omitting section thirteen;
Sec. 19.	(e) by omitting section nineteen;
Sec. 39.	(d) (i) by inserting at the end of section thirty-nine

(Interpre	the following new definitions:—
tation.)

“ Parents

and

citizens

association

and/or kindred association” means an association constituted in accord ance with the provisions of this Act, and consisting of parents and guardians of children attending any State school together with other resi dents of the district served by such school, who are interested in the wel fare of that school.

“ Prescribed” means proscribed by this Act or bĵ the regulations made there under.

“ State

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Act.

No. 21, 1936.

“ State school” means any school estab lished or declared to be a school under this Act.

(ii) by omitting the definition of the term “Stan

dard of Education” in the same section and

■

by inserting in lieu thereof the following

definition:—

“ Standard of Education” shall be the

standard of education prescribed.

(e)

by inserting next after section eighteen the

following new sections;—

' ’

’

18a. (1) The Minister mav establish a district

council for any area specified by the Governor	‘
by proclamation published in the Gazette. An area so specified is in this section referred to as

a “ proclaimed area.”

Each district council shall consist of two

representatives of each parents and citizens

association constituted for or in respect of any

State school situate within that area.

(2) A district council for a proclaimed

’ area may for the purposes only of advancing

I the common interests of State schools in that

area—

(a)	advise the Minister upon all matters (other than staff matters) relating to State schools within the area;
(b)	assist in raising funds for establishing and maintaining scholarships for pupils attending State schools in the area;
(c)	assist, when required, in the arrange ment and supervision of contracts for tlie conveyance of children to State schools;
(d)	assist in the establishment and main tenance of central libraries in connec tion with State schools within the area.

(3) Each district council shall elect its

own office bearers, including a chairman.

The

124 Public Instruction and University (Amendment)

Act.

No. 21, 1936.

The names of such office bearers shall he trans mitted to the Minister within one month of their election.

Parents and	18b. (1) A 1 arerts and citizens association
citizens and

kindred

and/or a kindred association may be constituted

associations.

in connection with any State school in accord

ance with regulations made under this Act.

(2) The objects of each such association

shall be—

(a)	to promote the interests of the school by bringing parents, citizens, pupils and teaching staff into close co-operation;
(b)	to assist in providing equipment for the school and in promoting the recreation and welfare of the pupils of the school.

(3) The functions and duties of each such

association shall be—

(a)	to report, when requested by the Minis ter, upon the material requirements of the school and to advise on the subject of minor repairs, alterations and addi tions to the school buildings and the selection of new sites;

■	(b)	to assist and co-operate with the teach ing staff in public functions associated with the school;
(c)	to assist in arranging for the accommo dation of teachers, the conveyance of

. ,	children attending the school, and in any other matters in which the Minister may seek the co-operation of the asso ciation.

(4) Each such association shall exercise and discharge such other functions and duties as may be prescribed.

(5) Each such association shall, subject to this Act and any regulations made there under, frame rules for the governance and con trol of its business and affairs; but such rules shall not be operative until they shall have been

■	approved by the Minister.

Public Instruction and University (Amendment)

125

Act.

/Ho. 21,1936.

(6)	A member of any such association

who is under the ag'e of twenty-one years shall not be eligible to vote at any meeting of thb association nor shall he be permitted to hold the office of president, vice-president or treasurer of the association. Subject to the approval of the Minister, he may hold the office of secretary.

18c. (1) Upon a day to be appointed by the Advisory

Governor, and notified by proclamation pub- EXcatiom

lished in the Gazette, there shall be constituted

an Advisory Council on Education (in this

section referred to as “ the council” ).

(2) The council shall consist of the fol-«

lowing members:—

(a)	the Vice-Chancellor of the University of Sydney;
(b)	the members of the Board of Secondary School Studies;
(c)	one representative of each Technical Education Advisory Council consti tuted by the Governor by notification in the Gazette, either before or after the commencement of the Public Instruc tion and University (Amendment) Act, 1936, and in existence for the time being;
(d)	the President of the New South "Wales Public School Teachers’ Federation;
(e)	the Director of the New South "Wales State Conservatorium of Music;

(f) the Apprenticeship Commissioner;

(g)	ten members who shall be appointed by the Governor. Of the ten members so appointed for the first constitution of the council five (to be selected by the Governor) shall hold office for four years, and the remaining five shall hold office for two years.

126 Public Instruction and University (Amendment)

Act.

No. 21,1936.

A member appointed under this para graph to fill an extraordinary vacancy shall hold office for the residue of his predecessor’s term.

Upon the expiration of the term of office of a member appointed under this paragraph, his successor shall hold office for four years.

A member appointed under this para

graph who vacates his office by reason

of the expiration of his term shall be

eligible for re-appointment.

Of the members appointed under this paragraph two shall be persons selected by the Governor to represent trade unions of employees registered under the Trade Union Act, 1881, and one other shall be a person appointed by the Governor to represent Eoman Catholic schools.

(.3) In tlie event of the illness or absence from New South Wales of any member of the council the Governor may appoint some person to act in the place of such member during such illness or absence.

(4) The functions of the council sliall

be-

(a)	to report upon such matters connected with public education as may be re ferred to it by the Minister;
(b)	to advise the iMinister on matters con nected with public education in New South Wales;
(c)	to furnish a report to Parliament annu ally.

(5) The chaii’man and deputy chairman of the council shall be elected annually by the members of the council from amongst their num ber, but no member who is one of the i^ersons appointed to the Board of Secondary School

Studies

Public Instruction and University (Amendment)

Act.

No. 21,1936.

Studies pursuant to paragrapli (b) of subsection two of section 32.\ of the University and University Colleges Act, 1900-1936, shall be eligible to be either chairman or deputy chair man of the council.

(G) The secretary of the council shall be an officer of the Department of Public Instruc tion nominated by the permanent head of that Deijartmcnt.

(7) The council shall, subject to this Act raid to the regulations made thereunder, frame rules for the conduct of its business.	•
Such rules shall not be operative until they have been approved by the Minister.
(8) The number of members who shall constitute a quoi’um for the purposes of any meeting of the council shall be as prescribed by regulations made under this Act; and any duly convened meeting of the council at whicli a quorum is present shall bo competent to transact any business of the council and shall have and may exorcise and discharge all the powers, autliorities, duties and functions of the council.
(9) The provisions of the Public Service Act, 1902, or of any Act amending that Act, shall not apply to or in respect of the appointment by the Governor of an}̂ member of the council, and any member so appointed shall not be sub ject to the provisions of any such Act during his term of office.

(f)

by omitting section thirty-seven and by inserting substituted

in lieu thereof the following section:—

see.37.

37. (1) The Governor may make regulations Regulations,

prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be presci’ibed for carrying out the provisions of this Act.

(2) Such regulations shall—

(a) be published in the Gazette;

(b)	take effect from the date of publica tion, or from a later date to be specified in such regulations; and

(c)

128 Public Instruction and University (Amendment)'

Act.

Ho. 21, issa.

(c)	be laid before both Houses of Parlia ment within fourteen sitting days after publication if Parliament is then in session, and, if not, then within fourteen sitting days after the commencement of the next session.

If either House of Parliament passes a resolution of which notice has been given at any time within lifteen sitting days after such regulations have been laid before such House disallowing any such regulation or part thereof, such regulation or part shall thereupon cease to have effect.

(2) All regulations made under the Public Instruc tion Act of 1880, and in force immediately before the commencement of this Act, shall to the extent to which they are not inconsistent with the Public Instruction Act of 1880 as amended by this Act, continue in force, but may be amended or repealed by regulations made under section thirty-seven of the Public Instruction Act of 1880 as inserted b}̂ paragraph (f) of subsection one of this section.

PART III.

A m en d m en t

U niversity

and

U niversity

C olleges

A ct, 1900, as am ended .

Citation.

4 . (1) The University and University Colleges Act,

1900, as amended by subsequent Acts, is in this Part

referred to as the Principal Act.

(2) The Principal Act, as amended by this Act, may

be cited as the University and Universitv Colleges Act,

1900-1936.

Amendment	5 . The Principal Act is amended—
of Act No.

22, 1900.

(a) by inserting in section eight after the word

Sec. 8.	“ Vice-Chancellor” where lastty occurring the
(Fellows.)	words “ The Fellow elected by members of the

Legislative

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129

Act.

No. 21,193S.

Legislative Council sliall be so elected as soon as practicable after the commencement of the term of service of the fifteen members of the Legislative Council elected at each triennial election of members of the said Council and he shall hold office until his successor has been so elected. Provided also that the term of the Fellow elected by the Legislative Council in the year one thousand nine hundred and thirty-fonr shall expire on the day prior to the next election held under this section.

The Fellow elected by members of the Legisla tive Assembly shall be so elected as soon as prac ticable after every general election of members of the Legislative Assembly and he shall liold office until his successor has been so elected. Provided also that the term of the Fellow elected by the Legislative Assembly in the year one thousand nine hundred and thirty-four shall expire on the day prior to the next election held under this section” ;

t[b) by inserting in section 31a, after subsection one, the following new paragraph;—,

The Senate may, in any case where it deems proper, permit an exhibitioner to postpone en tering the University for a period not exceeding one year.

31a all words following the words “ each (Publio

year shall be” and by inserting in lieu	•
thereof the words “ two hundred” ;

^ii) by inserting next after subsection two of the same section the following new subsec tion—

(2a) (a) Subject to subsection three of

this section—

(i) one hundred of such exhibitions shall

be allotted to the candidates who are highest in the order of merit as shown at the examination for the lea^ îng

«	certificate

130 Public Instruction and University (Amendment)

Act.

No. 21, 1936.

certificate or higher leaving certi ficate (whichever of such examina tions may be adopted for the purpose by the Senate by by-laws made under section fifteen of this A ct);

(ii) in allotting the remaining one hun dred exhibitions the Senate shall have regard solely to such limita tions in the circumstances or income of the candidate and his family as may he prescribed by by-laws made under section fifteen of this Act; and where the number of such candidates eligible for an exhibition exceeds one hundred, the Senate shall have regard to the order of merit of those candi dates as shovm at the examination so adopted.

(b)	The Senate shall each year de

termine the number of such exhibitions tO’ be allotted during that jmar to students entering each school within the University having due regard to the expressed wish of the exhibitioner.

(iii) by omitting subsection three of the same section and by inserting in lieu thereof the following subsections;—•

(3)	The exhibitions shall be allotted to

those candidates who at the examination

adopted in accordance with subsection (2 a )

of this section—

(a)	are the recipients of leaving certi ficates or higher leaving certificates (as the case may be): '

Provided that—

(i) a certain number of exhibitions,. to be determined by the Sen ate, may be allotted to students at evening tutorial classes who have been candidates at such

examination

Public Instruction and University (Amendment)

131

Act.

No. 21, 1936.

examination notwithstanding the fact that such students are not the recipients of a leaving certificate or a higher leaving certificate, as the ease may bo;

(ii) a certain number of exhibitions

to be determined by the Senate may be allotted to persons who have been candidates at such examination and ■who have been residents of New Sowtli Wales for three years, notwith-

■	standing the fact that such per sons are not the recipionis of a leaving certificate or a higher leaving certificate, as the case may be;

(!)) liave passed sucli examinations in the subjects and at the standards which the Senate determines are necessary for matriculation.

(4)	The total number of exliibitions to be

allotted to persons referred to in the pro viso to paragraph (a) of subsection three of this section in any one year shall not exceed twelve.

(d) (i) by inserting in section 31o after the 'words Sue. 3ic.

“ leaving certificate” the woi’ds “	or higher (Matricu	lation.)
leaving certificate ’ ’;

(ii) by omitting from the same subsection the words “ to any person of an exhibition under the proviso to” and by inserting in lieu thereof the words “ of an exhibition to any person referred to in the proviso to para graph (a) of” ;

(iii) by inserting after the word “holder” the words “ of such certificate or the grantee of such exhibition (as the case may be) ” ;

(e)

132 Public Instruction and University (Amendment)

iA t̂.

Ro. 21, 1086.

Sec. 31d.

(e) by inserting in section 31d after the words

(Priyi-	“ leaving certificate” the words “ higher leaving"
leges.)	certificate” ;

Sec. 24 (1).	(f) hy omitting from subsection one of section
manent en

(Per

twenty-four all words commencing with the-

dowment.)

words “ Provided that where” down to and

including the words “ of such increase” ;

Sec. 19 (1).

(g) by omitting from subsection one of section mine-

(Degrees.)

teen the words “ except theology and divinity” ;.

(h)

by inserting in section seven after the words “ for the time being” the words “ one Fellow who shall be a graduate of the University of such standing, and who shall bo elected, as may from time to time be prescribed by by-law made by the Senate, to be representative of the under graduates of the University” ;

(i) by inserting in section eight after the words: “ four faculties” the words “ and the Fellow to be representative of the undergraduates” ;

(5) l>y inserting in section 9a after the words “ four faculties” the words “ and the election of the Fellow to be representative of the under graduates. ’ ’

Amendment	6.	(1) The Principal Act is amended by inserting at
of Act No.

22,1900.	the end of Part V the following new Part;—
New Part

V a .

PART Va.

B oaed of S econdary S chool S tu dies .

Oomstitu-	32a. (1) Upon a day to be appointed by the Gover nor and notified by proclamation published in the Gazette there shall be constituted a Board of Secondary School Studies (in this Part referred to as “ the Board” ) the members of which shall be appointed by the Governor.
Board.

tion of

(2)	The members so to be appointed shall be

as follows:—•

(a)	five members who shall be nominated by the Senate of the University- of Sydney;
(b)	five members, who shall be officers of the Department of Public Instruction; such

members

Public Instruction and University (Amendment)

133

Act.

Mo. 21.1986.'

members shall include the Director of Edu cation, the Chief Inspector of Schools, and the Superintendent of Technical Education;

(c)	one principal teacher of secondary schools (other than Homan Catholic schools) regis tered under the Bursary Endowment Act, 1912, who shall be elected in the maimer prescribed by regulations made under this Part to represent such schools;
(d)	one person to represent the Roman Catholic Secondary Schools registered under the Bursary Endowment Act, 1912, who shall be elected in the manner prescribed hy regu lations made under tliis Part;
(e)	one headmaster and one headmistress of State secondary schools. Such headmaster and headmistress shall be nominated by the Secondary Teachers’ Association of the New South Wales Public School Teachers’ Federation.

(3) The Director of Education shall bo the

Chairman of the Board, and the Chief Inspector of

Schools shall be the Deputy Chairman of the Board.

(4) The Chairman or in his absence the

Deputy Chairman shall preside at all meetings of the

Board.

(5) The members of the Board shall be appointed for a term of four years.

In the case of an extraordinary vacancy in the oflSce of anj ̂of such members, the member appointed to fill such vacancy shall be appointed for the residue of his predecessor’s term of office.

A member of the Board who vacates his office by reason of the expiration of his term shall be eligible for reappointment.

(6) In the event of the illness or absence from New South Wales of any member of the Board the Governor may appoint some person to act in the place of such member during such illness or absence.

(7) The procedure for the calling of meetings

of the Board and for the conduct of business at such

meetings

134 Public Instruction and University (Amendment)

Act.

«o. 21 ,1»36.

meetings shall, subject to this Part and to any regu lations made thereunder, be as determined by the Board.

(8) The number of members who shall con stitute a quorum for the purposes of any meeting of the Board shall he as prescribed by regulations made under this Part and any duly convened meet ing of the Board at which a quorum is present shall be competent to transact any business of the Board, and shall have and may exercise and discharge all the powers, authorities, duties and functions of the Board.

(9) The provisions of the Public Service Act, 1902, or of any Act amending that Act, shall not apply to or in respect of the appointment by the Governor of any member of the Board, and any member so appointed shall not be subject to the

provisions of any such Act during his term of office.

(10) No act or proceeding of the Board shall

be invalidated or prejudiced by reason only of the

fact that at the time when such act or proceeding

was done, taken or commenced there were vacancies

not exceeding three in number in the offices of mem

bers of the Board.

Functions

32b. (1) The functions and duties of the Board

and duties

of the

shall be—

Board.	(a)	to make recommendations to the Minister in relation to matters connected with or con cerning the conduct of examinations for the leaving certificate and the higher leaving certificate, and the award of such cer tificates ;
(b)	to make such arrangements as may be necessary for the conduct of examinations for the leaving certificate and the higher leaving certificate, and to regulate the con duct of those examinations;
(c)	to determine the course of study to be fol lowed in secondary schools by candidates for such certificates and to authorise the issue of sucli certificates: Provided tliat no

candidate

Public Instruction and University (Amendment)

135

Act.

No. 21 ,1936k

candidate for any such certificate shall bo compelled, as a condition of obtaining such certificate, to follow a conrse of study in any of the following subjects, namely:— modern history, biology, physiology;

(d)	to appoint for each subject of the school curriculum special committees (which shall include practising teachers at least one of whom shall represent Eoman Catholic Schools) for the purpose of recommending to the Board the content of any such course of study.

(2) The Board shall have and may exercise

i	such other powers, authorities, duties and functions
(	as may be prescribed by regulations made under this

I Part of this Act.

32c. (1) The Governor may make regulations pre- Segular

scribing all matters which by this Part are required

or permitted to be prescribed or which are necessary

or convenient to be prescribed for carrying out the

provisions of this Part of this Act.

(2) The regulations shall—

(a) be published in the Gazette;

(b)	take effect from the date of publication or from a later date to be specified in the regu lations ;
(c)	be laid before both Houses of Parliament Avithin fourteen sitting days after publica tion thereof if Parliament is then in session, and, if not, then within fourteen sitting days after the commencement of the next session.

If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days aftei* such regulations have been laid before sucli House disallowing any regulation or part thereof, such regulation or part shall there upon cease to ha\"e effect.

(2) (a) The provisions of this subsection shall com mence upon the day appointed by the Governor pursuant to subsection one of section 32a of the Principal Act, as inserted by subsection one of this section.

(b)'

136 Public Instruction and University (Amendment)

Act.

m. 21. 193$.

Further

amendment

(b) The Principal Act is further amended—

of Act No.	(i) by omitting from section three the definition of
22. 1000.

.	“ Board of Examiners” and by inserting in lieu

Sea t.

(Interpret*'	-	thereof the following definition:—
tion.)

“ Board of Secondary School Studies” means

■

;

the Board of Secondary School Studies

constituted under this Act.

(ii) by inserting in the same section after the defini tion of “ Governor” the following definition:—

“ Higher leaving certificate” means a certi

ficate granted by the Department of

Public Instruction on the recommendation

■

of the Board of Secondary School Studies to any student who has been awarded a

leaving certificate and who, after a further period of not less than one year’s

■

school study has passed an examination in

accordance with—

■	(a)	regulations made under the Public Instruction Act of 1880 or Acts amending the same; and
(b)	the requirements of the Board of Secondary School Studies;

(iii) by omitting from the definition of “ Leaving cer- tificate” in the same section the words “ Board of Examiners” wherever occurring and by inserting in lieu thereof the words “ Board of

„

-	Secondary School Studies.”

(e)	The Board of Examiners constituted under

the Principal Act is dissolved.

(d)	Where in any Act, regulation, by-law, rule,

instrument, document or paper, reference is made to the Board of Examiners and such reference would have been construed before the commencement of this subsec tion as a reference to the Board of Examiners referred to in the Principal Act, such reference shall, after such commencement, be read and construed as a reference to the Board of Secondary School Studies constituted under section 32a of the Principal Act, as inserted by subsection one of this section.

PAET

Housing of the Unemployed (Amendment) Act.

137

PART IV.

NO. 2 1 ,193g.

A m en d m en t of B uesaey E ndow m ent A ct, 1912.

7 . The Bursary Endowment Act, 1912, is amended byAaend-

inserting in section seven after the word “ Act”

words “ or to any technical school (including any tech- 3912. ’ '

nical college) established by the Minister.”

Sec.7.