713
THE
STATE EDUCATION ACTS, 1875 to 1957
State Education Act of 1875, 39 Vic. No. 11
Amended by
State Education Act Amendment Act of 1897, 61 Vic. No. 16
State Education Acts Amendment Act of 1900, 64 Vic. No. 11
Statute Law Revision Act of 1908 8 Edw. 7 No. 18
State Education Acts Amendment Act of 1910, 1 Geo. 5 No.5
State Education Acts Amendment Act of 1912, 2 Geo. 5 No. 28
State Education Acts Amendment Act of 1940, 4 Geo. 6 No. 18
State Education Acts Amendment Act of 1948, 12 Geo. 6 No. 50
Assisted Students (Enforcement of Obligations) Act of 1951, 15 Geo. 6
No. 47
State Education Acts and Another Act Amendment Act of 1957,
6 Eliz. 2 No. 19
An Act to amend the Law relating to Education
[Assented to 10 September 1875]
Preamble repealed by the Statute Law Revision Act of 1908, s. 2, title ACTS
OF PARLIAMENT.
PART I-GENERAL PROVISIONS
1. Division of Act. This Act is divided into four parts that is to sayPART 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 ETc.-sections 32
to 35
Collective title conferred by State Education Acts and Another Act Amendment
Act of 1957, 6 Eliz. 2 No. 19, s. 3 (2).
2. Interpretation. 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"Minister"-The Minister for Education or other Minister of
the Crown for the time being charged with the administration
of this Act
"The Corporation" shall mean the corporation sole hereinafter
established and consisting of the Minister for the time being
"The Board" shall mean the board of General Education
established under "The Education Act of 1860"
"State School" shall mean and include any school conducted
in a building erected upon land vested in the corporation
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
EDUCATION
714
Vol. 4
"Provisional school" shall mean any school to be hereafter
established by the Minister in which temporary provision is
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, to
the satisfaction of an inspector of schools, of English and
mathematics, and of such other subjects as the Governor in
Council may prescribe by the regulations
"Teacher" shall include assistant teacher pupil-teacher sewing
mistress and every person who forms part of the educational
staff of any State school or a provisional school
"Regulations" shall mean the regulations made and promulgated
by the Governor with the advice of the Executive Council
under the authority of this Act.
As amended by Act of 1912, 2 Geo. 5 No. 28, s. 3; Act of 1957, 6 Eliz. 2
No. 19, s. 4.
Act referred to:
Education Act of 1860, repealed by s. 32 of this Act (now itself repealed).
3. (Repealed.)
Repealed by Act of 1957, 6 Eliz. 2 No, 19, s. 5.
4. Governor may make regulations. The Governor in Council may from
time to time make and promulgate regulations not being contrary to the
provisions of this 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.
Regulations to be proclaimed. All such regulations shall be
proclaimed in the Gazette and when so proclaimed shall have the force
of law and shall be judicially noticed by all courts.
For regulations in force see Table of Contents, p. 646, ante. As to validity of
such regulations, see Preliminary Note to the title ACTS OF PARLIAMENT, Vol.
I, p. 72.
5. Use of schools. Nothing in this Act contained shall prevent State
school buildings from being used for any purpose permitted by the
regulations at such times (other than those set apart for giving instruction
therein), and subject to such conditions as may be prescribed by the
regulations.
Substituted by Act of 1910, 1 Geo. 5 No.5, s. 2 (I).
6. Department of Education. There shall be a department of the Public
Service of the State of Queensland called "The Department of
Education" .
That department shall be administered by the Minister and shall
be constituted by the officers, teachers and other employees appointed
from time to time pursuant to "The Public Service Acts, 1922 to 1955,"
for the effectual execution of this Act including all officers, teachers and
other employees so appointed, or deemed to have been so appointed,
before and in office at the enactment of this section.
STATE EDUCATION ACTS, 1875 TO 1957
ss.2·9
715
Substituted by Act of 1957, 6 Eliz. 2 No. 19, s. 6.
Act referred to:
Public Service Acts, 1922 to 1963, title PUBLIC SERVICE.
Cf. A ltorney-General v. Roberts (1931), 46 C.L.R. 1.
The power of appointment, transfer, promotion, reduction, dismissal, and
control of officers under this Act and the Technical Instruction Acts, 1908 to 1957,
p. 725, post, is exercisable by the Governor in Council on the recommendation of
the Public Service Commissioner in accordance with the Public Service Acts, 1922
to 1963 (title PUBLIC SERVICE) and not otherwise, and all officers or persons
employed under this Act are deemed to be under the control of the Commissioner
for the same purpose and to the same extent as the other branches of the Public
Service to which that Act applies. See s. 47 (2) thereof. "Officer" is defined in
s. 3 thereof.
As to who is liable for the tortious acts of a teacher, see Smith v. Martin, etc.,
Corpn., [1911] 2 K.B. 775; [1911-13] All E.R. Rep. 412; Hole v. Williams
(1910), 10 S.R. (N.S.W.) 638; Urquhart v. Ashburton High School Board of
Govemors, [1912] N.Z.L.R. 164; Gibbs v. Barking Corpn., [1936] 1 All E.R. 115.
7. Minister to be a corporation sole. (1) The Minister, including
successively any and every Minister for the time being administering
this Act, shall be a corporation sole by the name of "The Minister for
Education of Queensland" and by that name shall have perpetual
succession and an official seal, and shall be capable in law of suing and
being sued in his corporate name, and, subject to and for the purposes
of this Act, of acquiring, holding, taking on lease, leasing, exchanging
and disposing of property real and personal, movable and immovable,
and of doing and suffering all such other acts, matters and things as
bodies corporate may by law do and suffer.
(2) Save as otherwise prescribed by this Act, all moneys received
by the corporation in respect of transactions entered into by it with
respect to property shall be paid into and form part of the consolidated
revenue.
(3) All courts, judges and persons acting judicially shall take
judicial notice of the seal of the corporation affixed to any document or
writing whatsoever and, until the contrary is proved, shall presume that
such seal was duly so affixed.
Substituted by Act of 1957, 6 Eliz. 2 No. 19, s. 7.
8. The corporation may acquire lands etc. by donation. 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 anyone or more schools belonging to it or for the
promotion of any particular branch or branches of education.
and shall administer it according to the wishes of the donors. All
property so acquired by the corporation shall be administered and
appropriated in the manner and for the purposes expressed by the
donors.
9. Governor may grant land for the purposes of this Act. 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.
Land required for educational establishments may be taken under the
provisions of Public Works Land Resumption Acts, 1906 to 1955, title WORKS.
See s. 4 thereof.
The reference to "the Legislative Council and Legislative Assembly" is now
to be read as the Legislative Assembly alone, in accordance with the Constitution
Act Amendment Act of 1922, 12 Geo. 5, No. 32, s. 2 (5), title CONSTITUTION.
Vol. 2, p. 752.
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Vol. 4
10. Property and lands vested in the Board to vest in the corporation.
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.
The office of Secretary for Public Instruction (a corporation sale) was
removed by the Act of 1957, p. 723, post. The duties are now carrieu out by the
Minister for Education (also a corporation sole), who is the "corporation" referred
to in this s. 10. See s. 7, ante.
Lands divested under the provisions of the Technical Instruction Acts, 1908 to
1957, are vested in the Minister for Education. See s. 4 thereof, p. 726, post.
11. (Repealed.)
Repealed by Act of 1957, 6 Eliz. 2 No. 19, s. 8.
12. Non-vested schools now receiving aid to continue to receive it till
31st December 1880. 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 not vested in the said Board
shall be entitled to continue to receive the same aid 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.
Under the system of education established by the Education Act of 1860 and
abolished by this Act the non-vested schools were church schools, which received aid
from the State in the form of grants. The vested schools were secular.
13. No aid to non-vested schools after 31st December 1880. 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.
The exceptions contemplated by this section appear to be those contained in
the provisions of s. 18.
14. Training and other schools may be established. 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.
For regulations, see Table of Contents, ante. For validity of regulations
generally, see Preliminary Note to title ACTS OF PARLIAMENT, Vol. 1, p. 72.
14A. (Repealed.)
Inserted by Act of 1948, 12 Geo. 6 No. 50, s. 2, and repealed by Act of
1951,15 Geo. 6 No. 47, s. 12 (2).
See provisos to said s. 12, subsection (2) as to the continuance of this section
notwithstanding its repeal.
This section dealt with the circumstances when allowances paid under teachers'
scholarship were to be refunded.
15. State schools may be discontinued. Any State school may be
discontinued and the property used in connection therewith sold or
otherwise disposed of.
16. Fees to be paid into consolidated revenue. All fees and other
moneys received under the authority of this Act shall be disposed of
for the purposes of this Act in sueh manner as the Governor in Council
shall direct.
As amended by Act of 1912, 2 Geo. 5 No. 28, s. 4.
STATE EDUCATION ACTS, 1875 TO 1957
ss.10·20
717
16A. Wilful disturbance of school. Any person not being a pupil thereof
who wilfully disturbs any school or who upbraids, insults, or abuses any
teacher, pupil teacher, or probationer in the presence or hearing of the
pupils who are then in the school, or are then assembled for school
purposes, whether in school or not, shall be liable to a penalty not
exceeding ten pounds.
For the purposes of this section "school" means any State school
or provisional school as defined in this Act, any grammar school to
which "The Grammar Schools Acts, 1860 to 1900," apply, the Central
Technical College at Brisbane or any other technical college established
under "The Technical Instruction Acts, 1908 to 1918."
As amended by Act of 1940, 4 Geo. 6 No. 18, s. 2.
Acts referred to:
Grammar Schools Acts, 1860 to 1962, p. 670, allte.
Technical Instruction Acts, 1908 to 1957, p. 725, post.
See also the Criminal Code, s. 421 (breaking into a schoolhouse and committing a crime); s. 422 (breaking into a schoolhouse with intent to commit a crime),
title CRIMINAL LAW.
PART II-PRIMARY EDUCATION
17. Establishment of primary schools. Primary schools shall be established
in such places as shall from time to time be deemed expedient by the
Governor in Council.
As amended by Act of 1912, 2 Geo. 5 No. 28, s. 5:
18. Temporary provision in places where no school building. In places
where there is no primary State school and no suitable building for a
primary school can be obtained it shall be lawful for the Minister to
make temporary provision for the free primary instruction of 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.
"The corporation" is defined in s. 2.
See s. 13.
19. Boarding houses. Where a primary State school or provisional school
exists in a 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.
20. Itinerant teachers may be employed. In places where the population
is scattered and it is impossible to assemble in one place a sufficient
number of children to justify the 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.
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Vol. 4
21. Primary instruction to be free. The whole cost of instruction in the
primary schools shall be defrayed by the State and no fees shall be
charged to any child attending the same.
22. Subjects of primary instruction. The subjects of instruction in the
primary schools shall be as follows that is to sayReading
Writing
Arithmetic
English Grammar
Geography
History
Elementary Mechanics
Object Lessons
Drill and Gymnastics
Vocal Music
And (in the case of girls) sewing and needlework.
Power to limit subjects or prescribe others. Provided that the
Governor in Council may from time to time by regulations(1) Prescribe that anyone 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 on Iv
one teacher is employed;
(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.
As amended by Act of 1897, 61 Vic. No. 16, s. 2 and Act of 1910, 1 Geo.
5 No.5 s. 2 (2).
22;\. Provision for religious instruction in school hours. 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 head
teacher of that school is 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.
As amended by Act of 1948, 12 Geo. 6 No. 50, s. 3.
23. Hours of primary instruction. In every State primary school four
hours at the least in each school day shall be set apart for instruction.
As amended by Act of 1910, 1 Geo. 5 No.5, s. 2 (2).
STATE EDUCATION ACTS, 1875 TO 1957
ss.21-27A
719
24. School Districts may be constituted. District school boards appointed.
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.
Duties of School Boards. 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.
As amended by Act of 1910, 1 Geo. 5 No.5, s. 2 (2).
25. School boards may be made elective. The Governor in Council may
order that the school board for any district shall instead of being
nominated as hereinbefore provided be elected by such persons and in
such manner as shall be provided by the Regulations.
26. Children educated up to the standard may receive a certificate. When
a child has been educated in a State school up to the standard of education
prescribed by this Act, the Minister may issue to such child a certificate
that he has been so educated.
When a child continues his education in a State school beyond the
prescribed standard, the Minister may issue to such child a certificate
setting forth the standard to which he has been educated and the degree
of competency attained by him.
Substituted by Act of 1912, 2 Geo. 5 No. 28, s. 6.
The sectional note was amended to correct an error appearing therein under
powers conferred by s. 29A of the Acts Shortening Act of 1867,31 Vic. No.6, since
repealed by the Acts Interpretation Act of 1954, 3 Eliz. 2 No.3, s. 2, title ACTS
OF PARLIAMENT, Vol. 1, p. 82.
27. Teachers may retain present classification. All teachers who shall at
the time of the passing of this Act be in the employment of the Board
shall on being employed under this Act be entitled to receive without
examination a classification equivalent to that now enjoyed by them.
27 A. Continuation classes.
The Governor in Council may-
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(a) Establish continuation classes;
(b) Determine the courses of study in those classes, the fees to
be charged, and all other matters pertaining to those classes;
but no fees shall be charged for elementary subjects;
(c) Direct that boys or girls who are over the age of fourteen
and under the age of seventeen, who live within two miles
of the building in which those classes are held, and who
have not been educated up to the standard of education
shall attend those classes;
( d) Make regulations (a) determining the obligation of parents
and employers in respect of children who are liable to attend
those classes; (b) the penalties to be imposed upon parents
and employers who fail to comply with these obligations.
Inserted by Act of 1912, 2 Geo. 5 No. 28, s. 7.
27B. Medical inspection of pnpils.
The Minister may provide for the
medical and dental inspection of pupils, and for that purpose may employ
medical officers, dentists, nurses, and such other persons as may be
found necessary.
All pupils attending State or Provisional schools or who are visited
by itinerant teachers appointed by the Minister shall be subject to such
inspection.
Inserted by Act of 1912, 2 Geo. 5 No. 28, s. 7.
Similar provision is made by the Health Acts, 1937 to 1962, s. 47 (5), title
HEALTH.
PART III-CoMPULSORY EDUCATION
28. Compulsory attendance between 6 and 14 years of age. The parent
of every child of not less than six nor more than fourteen years of
age shall, unless some valid excuse exists, cause such child to attend
a State school or Provisional school each day on which such school is
open in each half-year.
Definition of valid excuse. Any of the following reasons shall be
deemed a valid excuse, that is to say,( 1) That the child is under efficient instruction in some other
manner;
(2) That the child has been prevented from attending school
by sickness, fear of infection, temporary or permanent
infirmity, or any unavoidable cause;
(3) That in the case of a child who is under ten years of age
there is no State school or Provisional school which the
child can attend within a distance of two miles measured
according to the nearest road ordinarily used in travelling
from the residence of such child;
( 4) That in the case of a child who is ten years of age or over
there is no State school or Provisional school which the child
can attend within a distance of three miles measured
according to the nearest road ordinarily used in travelling
from the residence of such child;
(5) That the child has been educated up to the standard of
education;
( 6) Any other reason which is satisfactory to the Minister.
STATE EDUCATION ACTS, 1875 TO 1957
ss.27A-30
721
Substituted by Act of 1912, 2 Geo. 5 No. 28, s. 8.
With respect to the duty of parents to cause attendance at school, see London
School Board v. Jackson (1881),7 Q.BD. 502 (duty of proper parent not affected
by definition in s. 2, ante): Hance v. Burnett (1880),45 J.P. 54 (mother); L.C.C.
v. Hear/! (1900), 78 Y.J.K.B. 414 (duty an absolute one); R. v. West Riding of
Yorkshire Justices, [1910] 2 K.B. 192 (parent entitled to show that child receiving
efficient instruction at home); Bevan v. Shears, [1911] 2 K.B. 936 (question of
efficiency of instruction one for the Court); Osborne v. Martin (1927), 91 J.P. 197
(efficient instruction in one subject not sufficient).
As 10 the computation of distance for the purpose of paragraph (3), see AI/en
v. Grosskrclllz, [1910] SI. R. Qd. 26. at p. 28; [1910] Q.W.N. 17; 3 Q.J.P.R. 169,
at p. 171.
The school age for State children is the same, but the Minister may extend the
limit. See the State Children Acts. 1911 to 1955. s. 37. title CHILDREN.
See also. as to compulsory instruction. The Blind, Deaf, and Dumb Children
Act of 1924, s. 3, p. 660, allte.
29. Penalty for neglecting to send child to school. Any parent who shall
neglect or refuse to cause any such child to attend school for the time
aforesaid in any half year shall on conviction of such offence forfeit and
pay any sum not exceeding twenty shillings for a first offence and not
exceeding five pounds for a second or subsequent offence and in default
of payment shall be liable to be imprisoned for any period not exceeding
seven days for a first offence and not exceeding thirty days for a second
or subsequent offence.
30. Provisions as to prosecutions. The following rules shall apply to
prosecutions under this part of this Act that is to say(1) No such prosecution shall be instituted without the express
direction of the Minister testified under his hand and the
seal of the corporation
(2) The averment in any information under this part of this Act
that the age of any child therein mentioned is within the
aforesaid limits shall be sufficient proof of the age of such
child unless the defendant shall prove to the contrary
( 3) The proof of the existence of any valid excuse shall be upon
the defendant
( 4) The production of a certificate in the form hereinafter set
out, or to the like effect, signed by the principal teacher of
any school shall be prima facie evidence of the statements
contained therein.
Certificate of School Attendance
I hereby certify that the following particulars with respect to the
Attendance, made by the child named below, at this School are correctly
taken from the Registers of the School : Kame in fun and residence of child !
Number of attendances during the last preceding half-year
_ _ _ _ _ _ --0- !______________________
____________ _
~
,
Signed at
Witness:
this
day of
19
Principal Teacher of the
School.
As amended by Act of 1900. 64 Vic. No. 11, s. 4.
As to offences relating to schoolhouses. see the Criminal Code. ss. 421, 422,
(breaking and entering), title CRIMINAL LAW, Vol. 3.
.
24
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722
Vol. 4
31. This part of the Act only to be in force where proclaimed. The
provisions of this part of this Act shall be in force in such parts or
districts only of the colony as the Governor in Council shall from time
to time notify and declare by proclamation.
The provisions of Part III are in force throughout the State of Queensland by
virtue of Proclamation dated April 11, 1900.
PART IV-COMMENCEMENT TITLE ETC.
Headnote as amended by the Statute Law Revision Act of 1908, 8 Edw. 7 No.
18, s. 2, title ACTS OF PARLIAMENT.
32. (Repealed.)
Repealed by the Statute Law Revision Act of 1908, 8 Edw. 7 No. 18, s. 2,
title ACTS OF PARLIAMENT, Vol. 1, p. 82.
This section repealed the Education Act of 1869 and all rules and regulations
under that Act.
33. Act not to affect "Reformatory Schools Act." Nothing in this Act
contained shall affect "The Industrial and Reformatory Schools Act of
1865."
Act referred to:
Industrial and Reformatory Schools Act 1865, 29 Vic. No. 1. repealed
by State Children Act of 1911,2 Qeo. 5 No. 11, s. 3, title CHILDREN,
p. 99, ante.
34. Commencement. This Act shall commence and take effect on the
first day of January one thousand eight hundred and seventy-six.
35. Short title. This Act shall be styled and may be cited as "The State
Education Act of 1875."
Collective title, State Education Acts, 1875 to 1957, conferred by Act of 1957,
6 Eliz. 2 No. 19, s. 3.