No. 447. 36 VICTORIA, Act except the same be vested in the Minister, and so much of section six of No. CCCLX. as relates to the reservation of sites for Repeal of section schools or colleges shall be and the same is hereby repealed. 6 No. 360. Education department. 5. For the better carrying out of the provisions of this Act an Education department shall be formed, to consist of a Minister of Public Instruction, who shall be a responsible Minister of the Crown, a Secretary, an Inspector-General, inspectors, teachers, and Appointment and such other officers as may be deemed necessary, and such Secretary, Inspector-General, inspectors, teachers, and other officers shall be appointed and removed by the Governor in Council. removal of officers. Minister of Pub lic Instruction to hold property. No action or suit shall be maintained against the Minister of Public Instruction. Power to estab lish and discontinue State schools and to sell property. Trustees of school lands em to 6. All property which may be acquired for the purposes of this Act shall be conveyed to the Minister and his successors, and all property vested in or belonging to the Board of Education at the commencement of this Act shall from and after the appointment of the first Minister of Public Instruction vest in such Minister and his successors for the time being administering this Act, and every such Minister for the time being may sell or otherwise dispose of any such property and may do and execute all necessary acts deeds and assurances for that purpose, and the proceeds of every such sale or disposition shall be paid into the consolidated revenue. 7. No action or suit shall be brought or maintained against any person who shall be or shall have been a Minister of Public Instruction for any nonfeasance or misfeasance in connection with the duties imposed upon him by this Act. 8. State schools may from time to time be established extended and maintained in such places as may be deemed desirable, and for that purpose any existing school building which at the time of the commencement of this Act was receiving aid from the Board of Education but was not vested in the said Board, may be purchased or leased from year to year, and any State school may be discontinued and the property connected therewith sold or leased. 9. Trustees holding lands in trust for school purposes, or a powered to sell majority of such trustees, may and are hereby authorized to sell or or let from year let from year to year to the Minister of Public Instruction such lands and any buildings erected thereon upon such terms as may be agreed upon, any condition or restriction against alienation notwithstanding, and the purchase money or rent paid for any such lands or buildings shall be applied for the purposes of the denominational body if any beneficially interested therein in such manner as the denominational body may deem most beneficial. Aid to nonvested schools until first January 1874. 10. The trustees, committee of management, or correspondent as the case may be of every non-vested school receiving aid from the Board of Education at the commencement of this Act shall be entitled to receive for the free education of children attending such school in First Schedule. the subjects specified in the First Schedule hereto a sum equivalent to what such school would receive if it were a State school until the first of January One thousand eight hundred and seventy-four, and no longer: After that period in localities where there may be no State schools or an insufficient number, and then only until State schools can be established, an arrangement may be made with any non-vested school for the free education of children in the subjects 36 VICTORIA, specified in the First Schedule hereto for a sum to be agreed upon at No. 447. a capitation rate, not exceeding the average cost of such education in An arrangement the nearest State school; but no such arrangement shall be entered for a capitation into or continue after a period of five years from the commencement certain cases. of this Act. payment in upon which non vested schools are erected may be disposed of. 11. All lands which at the commencement of this Act had How the land been granted by the Crown without receiving any purchase money, or reserved by the Crown permanently or temporarily for school purposes, may subject to the provisions for the disposal of lands in the Act No. CCCXCI. be disposed of by the denominational body to or for the benefit of which such lands may have been granted or reserved, and the proceeds of disposition applied for the purposes of such denominational body in such manner as the denominational body may deem most beneficial. secular instruc 11. 12. In every State school secular instruction only shall be given Four hours' and no teacher shall give any other than secular instruction in any tion to be given. State school building and in every school used under this Act not No. 149 section being a training school night school rural school or other special 33 & 34 Vict. school four hours at least shall be set apart during each school day for c. 75 s. 14. secular instruction alone, and of such four hours two shall be before noon, two after noon, which shall in each case be consecutive; but nothing herein contained shall prevent the State school buildings from being used for any purpose on days and at hours other than those used for secular instruction. 30 School thes in school age to be rach quenter of a groun 13. The parents of children of not less than six years nor more Children of than fifteen years shall cause such children (unless there is some instructed. reasonable excuse) to attend school for a period of sixty days in each Ib. 8. 74. half year. Any of the following reasons shall be a reasonable. excuse: (1.) That a child is under efficient instruction in some other what will be manner: (II.) That the child has been prevented from attending school (III.) That there is no State school which the child can attend (IV.) That the child has been educated up to the standard. deemed a reasonable excuse. to send a child to Ib. s. 74. 14. The parent of any child who neglects to send such child Parent neglecting to school as provided in the last section may be summoned by any school to be liable person authorized by the Minister or the local Boards of Advice before to a penalty. a justice, and on conviction of such offence shall forfeit and pay a sum not exceeding Five shillings for a first offence and Twenty shillings for every succeeding offence, or in default may be imprisoned for a term not exceeding seven days. (a) 36 VICTORIA, No. 447. School districts constituted. appointed. 15. The Governor in Council may constitute and define school districts containing one or more State schools, and in any such district a Board of Advice shall be elected in the manner hereinafter provided: Each such board of advice shall consist of not less than Boards of advice five nor more than seven persons one of whom shall be the correspondent, and the members of every such board shall hold office for a period of three years, but any member may be at any time removed by the Governor in Council. Vacancies in boards of advice shall be filled up in the same manner as is herein provided for the first election. The duties of such boards shall be: Duties defined. Boards of advice elected by ratepayers. 34 & 35 Vict. c. 75 s. 29. Teacher to be paid by salary and fees and of results. (1.) To direct with the approval of the Minister what use shall be made of school buildings after the children are dismissed from school or on days when no school is held therein; to suspend any school teacher for misconduct and report the cause of such suspension to the Minister: (II.) To report on the condition of the schools, as to the premises and their condition, whether new schools are required, and as to books, furniture, gymnastic appliances, or other requirements: (III.) To visit the schools from time to time, and to record 16. Every such Board of Advice shall be elected by the ratepayers residing in the school district in manner to be provided by regulations of the Governor in Council, and where from any cause a Board of Advice is not elected in any district the Governor in Council may appoint a Board of Advice for such district. 17. For the free instruction of all children attending school in the subjects specified in the First Schedule hereto, teachers of State payment by way schools shall be paid such salary and remuneration by way of results as shall be fixed by regulations: For instruction in other branches fees shall be charged to the parents in accordance with a scale to be fixed, and the teacher shall be entitled to such fees subject to a percentage to be deducted, which shall be applied as a fund for the payment of the teachers by way of results. Regulations may be made or rescinded. 18. The Governor in Council may from time to time make and rescind regulations for all or any of the following purposes: For regulating the terms upon which school buildings may be used as aforesaid, the conditions under which exemptions from payment of fees scholarships or exhibitions may be granted the secular instruction to be given in all schools under this Act, the system upon which the standard of education shall be determined, the drilling of No. 447. children and gymnastic exercises, the inspection of schools, the 36 VICTORIA, examination and classification of teachers, the salaries to be paid to teachers, the payments by way of results, the scale of fees to be paid by parents, the distribution of such fees amongst the teachers, and the deduction and appropriation of a percentage thereof for payments by way of results, the capitation fees to be paid to nonvested schools for the education of children under the provisions herein before contained, and generally for carrying this Act into effect all such regulations shall be laid before both Houses of Par- Regulations to liament within fourteen days after the making thereof if Parliament be laid before be then sitting, and if Parliament be not sitting, then within fourteen days after the commencement of the next sitting of Parliament. : Parliament. be laid before 19. An annual report of the condition of the schools under this Annual report to Act shall be laid before both Houses of Parliament in the month of Parliament. March in each year, if Parliament be then sitting, and if Parliament 33 & 34 Vict. be not then sitting, then within one month after the commencement of the next ensuing session thereof. c. 75 s. 100. 20. When any child is educated up to the standard of education certificate that required by this Act such child shall receive a certificate in the form child is educated. in the Second Schedule hereto. Second Schedule. teachers to hold good in certain 21. Notwithstanding anything to the contrary contained in this classification of Act all teachers who have been classified under the Act CXLIX. shall on being employed under this Act be entitled without exami- cases. nation to a classification equal to that enjoyed by them under such Act. 22. Any officer who shall be employed in the Education De- Retiring allowpartment or teacher who shall be employed in any State school ance to teachers. upon having served fifteen years under this Act or partly under this Act and partly under any law previously in force, shall be entitled to a retiring allowance on the same basis as may hereafter be provided for members of the public service. exhibitions may any State school. 23. Any person may collect raise or give a sum of money Scholarships or towards founding a scholarship or exhibition in connection with any be founded in State school, and money or land or both may be bequeathed for that connection with purpose. In every case the money shall be invested in Victorian Government stock. Every such scholarship or exhibition shall be open to any child on the roll of such school. In the event of any school for which a scholarship or exhibition is founded being discontinued the Minister may direct that the scholarship or exhibition shall attach to some other State school. SCHEDULES. FIRST SCHEDULE. Drill and, where practicable, Gym- Sewing and Needlework in addition Sections 10 & 17. Reading, |