THE STATE EDUCATION ACT OF 1875.

PART I.-
GENERAL

PROVISIONS.

Division of Act.

Interpretation.

64 Minister."

University of Queensland Act of 1909 9 Edw. VII. No. 7... 634

PRIMARY EDUCATION.

THE STATE EDUCATION ACTS, 1875 TO 1910.

An Act to Amend the Law relating to Education.

¶BE

[ASSENTED TO 10TH SEPTEMBER, 1875.] E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled and by the authority of the same as follows

PART I.

GENERAL PROVISIONS.

1. This Act is divided into four parts that is to say-
Part I.-General Provisions-sections 1 to 16
Part II.-Primary Education--sections 17 to 27
Part III.-Compulsory Education-sections 28 to 31

Part IV.-Repeals Commencement Title &c.-sections 32 to 35. 2. In this Act the following terms shall unless the contrary appears from the context have the meanings next hereinafter assigned to them that is to say

"The Minister" shall mean the responsible Minister of the Crown who shall be at the head of the Education Department hereby established

*"The Religious Instruction in State Schools Referendum Act of 1908" (8 Edw. VII. No. II) is not printed, as its operation is exhausted. It is printed in the 1908 volume of Sessional Acts at p. 9226.

Preamble repealed, 8 Edw. VII. No. 18, s. 2, title Acts.

1875.

Primary.

PART I.-

GENERAL

PROVISIONS.

"The Corporation" shall mean the corporation sole hereinafter "Corporation."
established and consisting of the Minister for the time being
"The Board" shall mean the Board of General Education "Board."
established under "The Education Act of 1860"*

"State School" shall mean and include any school conducted

"State

in a building erected upon land vested in the corporation School."
in fee or for any lesser estate and shall include primary
schools training schools rural schools night schools and any
other schools for which special regulations may be made

"Provisional school" shall mean any school to be hereafter "Provisional
established by the Minister in which temporary provision is school."
made for the primary instruction of children and not being a

State school

"Parent" shall mean and include parent guardian and any
person who is liable to maintain or has the actual custody
of any child

"Standard of Education" shall mean a competent knowledge of
reading writing and arithmetic to the satisfaction of an
inspector of schools

Parent."

44 Standard of
Education."

"Teacher" shall include assistant teacher pupil-teacher sewing "Teacher."
mistress and every person who forms part of the educational
staff of any State school

'Regulations" shall mean the regulations made and promulgated "Regulations."
by the Governor with the advice of the Executive Council
under the authority of this Act.

Public
Instruction

3. It shall be lawful for the Governor to appoint from time to time Secretary of
some one of the responsible Ministers of the Crown to be Secretary for
Public Instruction.

may be
appointed.

regulations.

4. The Governor in Council may from time to time make and Governor may
promulgate regulations not being contrary to the provisions of this ma
Act for the due and effectual execution of this Act and the objects
thereof and respecting any matters or things necessary to give effect to
such objects and such regulations may from time to time revoke and
alter.

All such regulations shall be proclaimed in the Gazette and when Regulations to
so proclaimed shall have the force of law and shall be judicially noticed be proclaimed.
by all courts.

5.† Nothing in this Act contained shall prevent State school buildings Use of
from being used for any purpose permitted by the regulations at such schools.
times (other than those set apart for giving instruction therein), and
subject to such conditions as may be prescribed by the regulations.

Instruction.

6. There shall be a department of the public service to be called the Department of
Department of Public Instruction which shall be presided over by the Public
Secretary for Public Instruction and shall consist of such and so many
officers teachers and servants as may be required for the due execution of
the provisions of this Act whose salaries together with the whole expenses
of the department shall be defrayed out of such moneys as may be
appropriated by Parliament for that purpose.

24 Vic. No 6 (see Historical Table. Index Volume), repealed by section 32 of this Act, itself
repealed by 8 Edw. VII. No. 18, s. 2, title Acts.

+ Section substituted for original section by section 2 (1) of the Amendment Act of 1910,

Property acquired by corporation to vest in it and be subject to sale.

Non-vested

7. The Secretary for Public Instruction and his successors in office shall be a corporation sole by the name style and title of "The Secretary for Public Instruction in Queensland" and by that name shall have perpetual succession and a corporate seal and may sue and be sued implead and be impleaded in all courts and may take and hold lands for the purposes of this Act and for providing funds for such purposes.

The signature of the Secretary for Public Instruction and the seal of the corporation shall respectively be judicially recognized in all courts.

8. The corporation may take and accept any lands or other property which may from time to time be conveyed devised bequeathed or given to it either generally or for the benefit of any one or more schools belonging to it or for the promotion of any particular branch or branches of education.

All property so acquired by the corporation shall be administered and appropriated in the manner and for the purposes expressed by the donors.

9. It shall be lawful for the Governor from time to time upon an address presented to him by the Legislative Council and Legislative Assembly to grant and convey to the corporation for the purposes of this Act such portions of the waste lands of the Crown as shall be specified in such address.

10. All lands and other property vested in the Board at the commencement of this Act shall from and after the appointment of the first Secretary for Public Instruction vest in the corporation for the purposes of this Act for all the estate of the said Board therein.

11. All property which shall be acquired by the corporation for the purposes of this Act shall vest in the corporation and the corporation may sell or otherwise dispose of such property (except as hereinbefore provided in the case of donations) and may do and execute all necessary acts deeds and assurances for that purpose and the proceeds of any such sale or disposition shall be paid into the consolidated revenue.

12. The trustees committee of management teachers or other person now receiving aid from the Board in respect of any primary school the property wherein is receiving aid to not vested in the said Board shall be entitled to continue to receive the same aid

schools now

continue to

receive it till

31st December

1880.

No aid to non-vested

schools after 31st December 1880.

Training and other schools

may be

established.

State schools may be discontinued.

Fees to be paid into consolidated

revenue.

and under and subject to the same conditions as are now applicable thereto until the thirty-first day of December one thousand eight hundred and eighty Provided that the amount of aid given in any such case shall not be increased after the passing of this Act.

13. From and after the said thirty-first day of December one thousand eight hundred and eighty no aid shall except as hereinafter provided be given from the moneys of the State to any primary school not being a State school or to the teachers in any such primary school.

14. It shall be lawful for the Minister from time to time to make provision for the establishment of training schools rural schools night schools and such other State schools as may be authorized by the regulations and deemed expedient.

15. Any State school may be discontinued and the property used in connection therewith sold or otherwise disposed of.

16. All fees and other moneys received under the authority of this Act shall be paid into the consolidated revenue.

1875.

Primary.

PART II.

PART II.-
PRIMARY

EDUCATION.

PRIMARY EDUCATION.

17. Primary schools shall be established in such places as shall from Establishment time to time be deemed expedient by the Governor in Council.

of primary schools.

to be raised by

Provided that before the establishment of a primary school in a new Part of the cost lecality one-fifth part of the estimated cost of erecting or purchasing of new schools the necessary school buildings shall be raised by subscription or donation subscription. and paid to the Minister to be applied by him towards such erection or purchase.

places where

building.

18. In places where there is no primary State school and no suitable Temporary building for a primary school can be obtained it shall be lawful for the provision in Minister to make temporary provision for the free primary instruction of no school children in a provisional school to be held in a building not vested in the corporation and for payment to be made for such instruction at a sum to be agreed upon at a capitation rate not exceeding the average cost of such instruction in the nearest State school.

houses.

19. Where a primary State school or provisional school exists in a Boarding place where the population is scattered it shall be lawful for the Minister to make provision for the establishment of boarding houses for the reception of children attending such school and the residence of whose parents is distant not less than three miles therefrom.

But the cost of the board of children residing in any such boarding house shall be paid by the parents at a rate to be fixed by the Minister Provided that such boarding houses shall be subject to inspection and approval by the District School Boards.

teachers may

20. In places where the population is scattered and it is impossible Itinerant to assemble in one place a sufficient number of children to justify the be employed. establishment of a State school it shall be lawful for the Minister to employ itinerant teachers whose duty it shall be to travel from place to place and give instruction in such manner and at such times as shall be determined by the Minister.

21. The whole cost of instruction in the primary schools shall be Primary defrayed by the State and no fees shall be charged to any child attending befree.

the same.

instruction to

22. The subjects of instruction in the primary schools shall be as subjects of follows that is to say

Reading
Writing

primary instruction.

And (in the case of girls) sewing and needlework.

* Provided that the Governor in Council may from time to time by Power to limit regulations

(1) Prescribe that any one or more of the abovementioned subjects
shall for the time being be omitted from the subjects of
instruction in any primary school or schools where only one
teacher is employed;

* Proviso added by section 2 of the Amendment Act of 1897, infra.

subjects or prescribe others.

PART II.PRIMARY EDUCATION.

Provision for religious

instruction in school hours.

Hours of primary instruction.

School

Districts

may be

constituted.

District school

boards appointed.

Duties of
School Boards.

(2) Prescribe that any other subject or subjects of * instruction in addition to the abovementioned subjects or any of them shall be subjects of instruction in primary schools or in any one or more of such schools.

22A.† In addition to the subjects of instruction enumerated in the last preceding section, instruction shall, in accordance with regulations in that behalf, be given in the primary schools during school hours in selected Bible lessons from a separate reading book to be provided for the purpose; but such instruction shall not include any teaching in the distinctive tenets or doctrine of any religious society or denomination.

Moreover, any minister of religion shall, in accordance with regulations in that behalf, be entitled during school hours to give to the children in attendance at a primary school who are members of the religious society or denomination of which he is a minister religious instruction during one hour of such school day or school days as the committee or other governing body of such school are able to appoint:

Provided always that, notwithstanding anything in this section contained, any parent or guardian shall be entitled to withdraw his child who is in attendance at a primary school from all religious instruction in such school if such parent or guardian notifies to the head teacher that he wishes so to do.

23. In every State primary school four hours at the least in each school day shall be set apart for instruction.

24. The Governor in Council may constitute and define school districts containing one or more primary schools and may appoint in each such district a school board which shall consist of not less than 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 at any time be removed by the Governor in Council.

The duties of such district school boards shall be

(1) To direct with the sanction of the Minister what use shall be made of primary school buildings at times not set apart for * instruction

(2) To report on the condition of the school premises books and furniture and whether any and what new school books furniture and appliances are required

(3) To visit the primary schools in their district from time to time and to record the number of children present and their opinion as to the general condition and management of the schools

(4) To endeavour to induce parents to send their children regularly to school to compare the attendance of children at school with the school rolls and to report to the Minister the names of parents who fail or refuse to cause their children to attend school or otherwise educate them and the causes of such failure or refusal

(5) To report to the Minister whether any and what new schools are required in the district.

* Word "secular" repealed by section 2 (2) of the Amendment Act of 1910, infra.
+ Section inserted by section 2 (3) of the Amendment Act of 1910, infra.