CHAP. XXXI

MINISTERS OF WORKS, CUSTOMS, ETC. 297

land tax of twenty-five shillings per cent upon the capital value of his land.1

5. THE COMMISSIONER OF PUBLIC WORKS, who is generally charged with the supervision of those functions of the Board of Land and Works which are not included in the duties of the Commissioner of Crown Lands. According to present arrangements, these functions include the erection and maintenance of public buildings, the construction and management of extramunicipal 2 roads, and the distribution of the grants to municipal authorities in aid of the construction of municipal roads, the management and completion of the scheme of the Melbourne water supply, and the construction and maintenance of public sewers, and bridges.5

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6. THE COMMISSIONER OF TRADE AND CUSTOMS, who is charged with the duty of collecting the Customs and Excise revenues, and with the supervision of ports, harbours, and navigation generally, as well as the control of immigration.

7. THE MINISTER OF PUBLIC INSTRUCTION, whose main function is to supervise the machinery of the elementary education system provided by the Government, but who also distributes the grants made by the Treasury to institutions for the promotion of higher and technical education, such as the University of Melbourne and the various Schools of Mines. The office dates from the year 1873, having been established under the Education Act 1872. At that date, the community definitely undertook to provide a complete system of primary education for its members, after having hesitated some time between the voluntary and the Government schemes. As the influence of this resolution will probably prove to be one of the most important factors in the future history of the colony, it may be well just to sketch the outline of the scheme.

To borrow familiar, though, perhaps, not very accurate 1 Land Tax Act 1890, §§ 3 and 4. And Docker v. The Queen, 5 V. L. R. (L.) 316. 2 Public Works Act 1890, § 19.

3 There is also sometimes a separate "Commissioner of Water Supply" for the country districts, where the regular distribution of water is not undertaken by the Government. The powers of the Board of Land and Works, so far as they relate to the Water Supply of Melbourne, have now been transferred, by Order in Council, to the "Melbourne and Metropolitan Board of Works," created by the 54 Vic. No. 1197. 4 Public Works Act 1890, §§ 69-99.

Now largely subject to the powers of the municipal authorities. 6 36 Vic. No. 447.

terms, the public education of Victoria is "free, secular, and compulsory." Instruction in the following branches is absolutely gratuitous

Parents who desire their children to be taught in other subjects pay fees according to a scale fixed by the Government.1 Instruction is also "secular." No teacher may give any other than secular instruction in a Government school during the normal four hours set apart for compulsory instruction. The buildings may be used for other purposes out of school hours, but attendance on such occasions is purely voluntary.2

And instruction is "compulsory." The parents of all children between the ages of six and thirteen are bound to cause them to attend a Government school during the normal four hours for forty days in each quarter of the year, unless they can claim exemption on one of the following grounds— Efficient instruction elsewhere.3

Sickness, fear of infection, or other unavoidable cause.

Distance of residence from nearest school (two miles up to nine years, two-and-a-half from that age to twelve, and three miles from twelve to thirteen).

Education up to the required standard.

Moreover, if a child of thirteen ceases to attend school without having been for four quarters in the fourth class, he must, until the age of fifteen, attend some other school for not less than five hours a week, unless specially exempted.*

School districts may be proclaimed by the Governor in Council, and thereupon the resident ratepayers must elect Boards of Advice, consisting of not less than five nor more than seven

2

1 Education Act 1890, § 22 and 3d Sched. A part of these voluntary payments goes to the teachers, in addition to their regular stipends (§ 23). § 11. 3 Opportunity for the testing of such instruction is afforded by the half-yearly examinations for children not attending government schools held by the district inspectors.

Education Act 1890, § 13. There are six classes in each school, and the teaching throughout Victoria is on an uniform plan. (Does any one know how the orthodox number of six classes appeared in Anglo-Saxon school systems?)

CHAP. XXXI

SCHEME OF EDUCATION

299

persons, subject to removal by the Governor in Council. These Boards of Advice have the following duties—

1. To control (subject to the approval of the Minister) the use of the school buildings out of hours.

2. To report on the condition of the school premises and appliances. 3. To suspend temporarily any teacher for misconduct.

4. To visit and record the state of attendance and their opinion of the management of the schools.

6. To induce parents to send their children regularly, and to report the names of defaulters.

6. To recommend rewards and scholarships for promising scholars.1

The officials and teachers in the Government schools are public officials appointed by the Governor in Council.2 In most respects they are subject to the rules of the permanent civil service, under the Public Service Act, but, as the teachers are in the nature of specialists, their promotion and transfer is regulated by rules specially applicable to them alone.

3

For this purpose, there is a "Committee of Classifiers," consisting of the Inspector-General of the Education Department, a person (not a public official) appointed from time to time by the Governor in Council, and the headmaster of a Government school with an average attendance of least 400, specially elected by the certificated teachers for a period of three years. This Committee prepares a roll which contains classifications both of schools and teachers. The schools are arranged in five classes, according to the average attendance of scholars, and the teachers in five corresponding classes, according to various qualifications of sex, experience, and attainments. Pupil teachers, sewing mistresses, teachers of night schools, students in training, and instructors in drill, drawing, and gymnastics are also classified by the Committee. Each class of teachers, except the first, is further subdivided into three sub-classes according to the claims formerly enumerated, with the addition of length of service. The classified roll is revised every three years, and may, in the meantime, be supplemented.R An appeal from the classification lies to the Public Service Board."

Appointments and promotions to teacherships in the Education Department can only be made upon a request to the

Minister by the secretary, and then only upon a certificate of the Public Service Board that such appointments or promotions are required. Each appointment is made on probation for one year. Every school must be under the charge of a head teacher of the corresponding class in the roll, and in the case of schools having an average attendance of more than fifty scholars, and also of part-time schools, the head teachers must be males.3 Subject to certain exceptions, the qualified candidate next on the roll or employment register is entitled to claim the vacancy. Transfers from one school to another in the same class may be refused by the teachers to whom they are offered, unless the secretary of the department and the Inspector-General jointly certify that they are needed in the public interest. A teacher may be required by the Minister to reside in the neighbourhood of his school, if the secretary of the Education Department certifies that such residence is desirable in the interests of the school.

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8. THE MINISTER OF DEFENCE, appointed under the powers of the Officials in Parliament Act of 1883,7 upon the rearrangement of the Victorian military system in that year.s

By this new scheme the control of the naval and military forces in Victoria is placed in the hands of a Council of Defence, consisting of the Minister and the five chief officers of the different branches of the service, three members forming a quorum. The Council itself works under regulations issued by the Governor in Council, but it is its duty to make recommendations to the Government with regard to the exercise of its powers,10 and to furnish an annual report upon the condition of the forces.1 The forces connected with the service of Victoria may be classed into three divisions.

11

a. The permanent naval and military forces of Victoria. These are raised and commissioned by the Governor, in pursuance of parliamentary authority, and placed under his command. Each member of the forces, before joining, enters into a sworn agreement of service, which may only be annulled in the prescribed way." 12 Those engaged as naval troops are subject, both

1 Public Service Act 1890, § 88.

2 § 89. In some cases the appointees are required to insure their lives.

CHAP. XXXI

MILITARY AND NAVAL FORCES

301

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ashore and afloat, to the enactments and regulations for the time being in force for the discipline of the Royal Navy,1 and all the members of the forces are amenable to the regulations for discipline published by the Governor.2 Moreover, in time of actual service, members of the military forces are subject to the provisions of the Imperial " Army Discipline and Regulation Act." Courts-martial may be appointed by the Governor with power, subject to challenge, to fine up to £50, and imprison with or without hard labour, up to six months, but no sentence can be acted upon till it has been confirmed by the Governor.5 The commanding officer may fine up to twenty shillings or award solitary confinement up to twentyfour hours for minor offences against discipline. A sum of £145,000 a year is regularly to be available for the expense of the permanent forces until the 31st December 1891, and any surplus of any year may be carried forward to the next.7

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b. The Australasian Naval Forces, an Imperial squadron to which the Governments of the various Australasian colonies contribute annually, according to their respective populations, for a period of ten years. The agreement under which this arrangement has been made provides that the squadron shall consist of five fast cruisers and two torpedo gunboats, three of the former and one of the latter being always kept in commission, and the other three in reserve in Australasian ports; that none of the vessels shall be employed beyond the limits of the Australasian Station except with the consent of the colonial Governments; that the first cost shall be paid out of Imperial funds, and the interest on the actual expenditure recouped by the colonial governments to an amount not exceeding £35,000 a year in all. The colonial Governments also contribute towards maintenance a sum not exceeding £91,000 a year. At the termination of the agreement (which can only happen after two years' notice), the vessels remain the property of the Imperial government.9

c. Volunteer Forces, which have existed in Victoria since the

1 Defences and Discipline Act 1890, § 7.

2 § 16. These are to be laid before Parliament within 14 sitting days.

8 §§ 59, 60.

9 Schedule VI.

7 § 56. The accounts of this expenditure are to be laid before Parliament every

year (§ 57).