Warning
“Queensland Statute Reprints”
QUT Digital Collections
This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).
This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.
©State of Queensland
QUEENSLAND
ASSISTED STUDENTS (ENFORCEMENT OF OBLIGATIONS) ACT 19\51-1974
[Reprinted as at 1 AuguSit, 1981]
Assisted Students (Enforcement of Obligatio'ns) Act of 1951, 15 Geo,. 6 No. 47
As amended by Age o·f Majority Act 1974, No. 57
Commenced 1 March 1975 (P'foc. pubd. Gaz. 16 November 1974, p. 1083)
An A,ct Relating tOI the P'erformance by Students 10£ the Conditio:ns upon which They accept Assistance fVOIID the C:rown in order to: Enable Them tal pursue Their Studies
[Assented to 30 November, 1951]
BE IT ENACTE,D by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled,and by the autho!rity of the same, as. follows:- 1. Short title. This Act may b'e cite,d as uThe Assisted Students (Enforcement of Obligations) Act of 1951."
Collective Title conferredby Act of 1974, No. 57, s. 8 Sch.
2. Meaning o·f terms. In this Act, unless the c'ontext otherwise indicates 'or requires, the following terms shall have the meanings respect- ively assigned to thiem, that is to say:-
"Assisted student"-A p'erson who accepts, or agrees to accept, from the Crown, assistance in order to enable him to ,pursue his studies;
"Assistance"-In relation to an assisted student includes, but without limit to the generality of the meaning of that term- I(a) A scholarship, fellowship', bursary, or 'exhibition;
(b) The payment of mo,ney, fares, or allowances, wh·ether ,p'ayable in resp'ect of the assisted student or of any ·one or more ,of his dep'endants, or of that student and any of his dependants,;
(c) Leave from employment and either with or without the paymentin wholeorinp·art of salaryor other remuneration.
2 1.3 ASSISTED STUDENTS, ETC., ACf 1951-1974
"Crown"-Includes, but without limit to th,e generality ,of the meaning of that term, any Dep;artment or Sub-Department of the Government of this State and any Crown corporation or instrumentality or corp,oratio,n or instrum'entality represent- ing the Crown in- right of this State;
"Public Service Commissioner"-The P'ublic Service Commissioner as d'efined in "The Public Service Acts, 1922 to' 1950";
"Service as .anemploye·e"-In relation to an assisted student includes, but without limit to the generality of th,e meaning of the term, service as an employee as stip,ulated in the contract;
"Studies"---In relation to an assisted student includes, but without limit to the generality ,of the meaning of that term, a course
·or part of a COUflSe, or an -extended or p'art ·of an 'extended course, -of study at a university, college, school, or other educational institution ·or ·at any other place whatsoever where any studies may be undertaken or completed and whether in or outside Australia;
"The Commissioner for Railways"-The Commissioner for Rail- ways as d,efined in tiThe Railways Acts, 1914 to 1950."
3. Contract relating to assistance. ( 1) Where assistance proposed to be given to a person is to be s.ubject to terms and oonditions binding uponthatp~erson,those terms. and conditio'ns shall, subject to the plfovisions of this Act, be set -out in ·a ,document called in this Act "the contract":
Provided that it shall not be necessary to set lout in the contract any ,ofthe pr-ovisions. of this. Act.
1(2) The parties, to the contract s.hall be-
(a) The Public Service C,ommissioner for and on behalf of the Crown except where the assistance is to be granted by the Crown through The Commi,ssioner for Railways; or (b) Where the assistance is to be granted by the Crown through
The C;ommission'er fOf Railways., The -Commissioner for Railways,
and the assisted student.
( 3) A pierson who agrees .to accept assistance offered by the Crown shall :execute the contract and thereup·on shall be bound by each and every term. and condition ·expressed by the co,ntract to be binding Upton him including, if ,expressed in the contract, a condition requiring him to perform. service as ·an employ:ee:
Provided that an assisted student who was a minor when he
e~ecuted the c,ontract shall not be so bound unless 'his parent or guardian or if he has no parent or guardian a Stipendiary Magistrate shall have endorsed on the contract his consent to the ex·ecution thereof by that minor.
ASSISTED STU,DENTS, ETC., ACT 1951-1974 SSe4, 5 3 ( 4) The provisions of the suce,eeding sections of this Act shall apply with respect to assistance given to any and every assisted student by the Cro'wn through Thre Commissioner for Railways and those provisions, shall be read subject to all such adaptatio,ns thereof as are necessary for the purp'ose of their applicatio·n as aforesaid including, where necessary, the substitution for the term "Public Service Commissioner" appearing therein of the term "The Commissioner for Railways."
4. Damages for failure to perform service as employee. Where an assisted student binds himself by the contract to perform service as an employee the contract may stipulate the Isum p;ayable to the Cro1wn as damages for a breach of that co'ndition.
The sum so stip'ulated shall not be held to be unreasonable or extravagant but shall be d'eemed to be by way of liquidated damages and the p'arties to the co'ntract shall be deemed to have intended accordingly.
5. Remedies of the ,Crown for breach by student o,f the contract.
( 1) If the assisted student is guilty of a b'reach of any term or condition of the contract binding up-on him (other than a condition requiring him to perform service as an em~ployee-),then, notwithstanding any other Act or law or rule O'f practice of law, that student shall be liable to pay to the Crown a sum equal to the aggregate of all sums ,expended by the Crown in or towards the assistance of t'hat student, unless that breach has arisen from circumstances beyo,nd his olwn control pro'of whereof shall lie upo'n him.
(2) If the assisted student fails, negleots, or refu:ses to perform the whole or any p,art of the service as an employ,ee to which he has bound himself by the contract then, notwithstanding any ,other A,ct or law, or rule or prractice of law, that student shall be liable to p,ay to the Crown the sum stip,ulated in the contract to be p,ayable to th'e Crown as damages for a breach by that lstudent ,of the co,ndition binding him to serve as an employee to'gether with a further sum e'qual to the aggregate of all sums eX!p'ended by the Crown in olr towards the assistance of that student less an amount bearing the same p'roportion to the total of the aforesaid sums as the perform,ed part ,of the service to which he bound hims,elf by the contract bews to the whole lof that service:
P~ovided that, notwithstanding that a contract does not stip'ulate any sum to be payable to th'e Crown as dam,ages for the breach hereinbefo're specified in this subsection, th'e student concerned shall nevertheless be liable in respect ,of that 'breach to make to the Crown the payment other than damages hereinbefore 'set out in this subsection.
(3) Any amount of moneys p,ayable to the Crown under the preceding provisions of this section shall be recoverable and may be recovered as a debt due to His Majesty either by the Crown pursu,ant to the provisions of "The Crown Remedies Acts, 1874 to 1930," or by the Public Service Commissionerinhisofficial name pursuantto the p·rovisions
4 ss.6, 7 ASSISTED STUDENTS, ETC., ACT 1951-1974
of this Act by action in any c,ourt 0.£ oompetent jurisdiction against the assisted student made liable by this section for the payment of those moneys.
( 4) In and for the purpos,esof any proceeding to recover any mo'neys recoverable by the Crown under this section-
(a) The assisted student shall be deemed to have always been legally camp'et1ent to enter into the contract and to bind himself to p-erfo,rm all of the co-nditions thereof expressed thereby to be binding upoln him notwithstanding that he was under the age 'of eighteen y'ears when he did so';
(b) If the pr,ooeeding has arisen Q-ut of the failure, neglect, or refusal of the student to p·erform the oondition of servic'e as an employee binding upon him under the co,ntract, evidence shall not be led or admitted proving or tending to prove that the sum expressed by the co-ntract to be p,ayable to the Crowninresp,ectof that breach is a penalty or poena! damages, orunreasonable or -extravagant, or not intended to be by way of liquidate.d damages, or that the actual damage suffered by the Crown by the failure, neglect, or refusal as aforesaid ,of the assisted student was less than that sum or any proportionate am-ount thereof payable by the stu-dent concerned.
As amended by Act of 1974, No. 57, s. 8 Sch.
6. Conditio·n binding assisted student to pe-dorm service as employee not to be void fo~ uncertainty. Pro,visio,ns of the contract which provide that the assisted stud'ent shall or, if required, will serve as an -employee shall constitute a c'o'nditio-n thereof binding uplon that student notwithstanding that all or any of the following are not ascertain- able from thos,e provisions, but are thereby expres's,ed or implie,d to be left Ito be ascertained ordetennined either at some future time, or by a person or authority who is not a party to th'e co-ntract, or both at some future time and by a person or authority as aforesaid, namely:- fa) The cap-acity in which thatassiste,d student is to so serve;
(b) The date of commencement of that service, or the period . thereof, or the co,nditions of s'ervice,or all or any of them;
(c) Theplace or places. ,of service;
(d) Any other matter or thing whichif those provisions p'urported to be a contract of service by an employee with an employ-er would make that contract void in law for uncertainty.
7. Bond with respect to condition of service entered into by stud'eDt before _this Act passed. (1 ) Where, before the passing of this Act, the Crown agreed to give assistance to a student in order to enable him to pursue his studies and the giving of that assistance was subJect to a condition relating to the performance by that student of service and that student -accepted that assistance and entered into a bond then, if at any time on or after the p-assing of this Act, that student shall fail, neglect,
ASSISTED STUDENTS, ETC., ACT 1951-1974 s.8 5 or refuse to perform service for the stipulated term or any part thereof in accordance with the conditions relating to that service set out in that bo,nd and purporting to be bindingupon him, that studentshall, notwithstanding any other Act or law, or rule OT practice of law, be liable to pay the sum in which the aforesaid bond is conditioned to His Majesty 0[', if the aforesaid bond p1!ovides for the p'ayment of that sum to a Minister of State for this State, to that Minister.
(2) Any amount of that sum which has not been paid to His Majesty or, if the aforesaid bO'nd provides. for the paym'ent of that sum to a Minister of State fo,r this State, to that Minister at the expiration of one month after the date of the failure, negligence, or refusal as. aforesaid of the student may be recolvered as a debt due to His Majesty by action in any court of comp,etent jurisdiction.
'( 3) In and fOlr th'e purp'oses of any 'proceeding to reco'ver that sum or ,any amount thereof-
(i) The student Ishall be deemed to have always been legally oompetent to enter into the bo'nd notwithstanding that he was under the age of eighteen years when he did so';
(ii) That sum shall be a genuine pre-estimate of tll'e damage suffered and recoverable by the Crown or, if payable u,nder the bond to a Minister of this State, by that Minister in respect of the failure, negligence, or refusal of the student proved in that p,roce.eding;
(iii) It shall not be comp,etent fOT the defence to plead that the student was incomp,etent in law to enter into the bo'nd, that the aforesaid damage was less than that SUfi, that that sum or any amount thereof is a 'p'enaltyor penal damages, that the bond being a deed which did not take ·,effect as from delivery by the student is not binding ,on him, that any covenant in the bo,nd by which the student p·urp,olited to bind himself is not legally binding up'o'n him, O'f anyone ,or m'ore of those matters.; and
(iv) Evidence p,roving or tending to prove any ,of the mattel1S set out in paragrap~h (iii) 'of this su'bsection shall not be led or admitted.
As amended by Act of 1974, No. 57, s. 8 Sch.
8. Effect of dismissal from service. Where the service as an employee of an assisted student or the service of a student to whom section seven of this Act applies is terminated before the expiration of the period 'of that se.rvice 'stipulated in the contract (OT in the case of a student to whom section seven of this Act ap,plies, in the boa,nd entered into by him) fo,r a co·ntravention -of Of failure to comply with any Act which is binding up:o'n the student in respect of that service, or with any regulatio,n, rule, tor by-law made thereunder, then the stud'ent shall be deemed to have failed to p,erform that service and this. Act shall there,upon apply as if the student had terminated that lservice ,of his own motioln and without the consent of the appropriate person o'r authority.
6 SSe9, 10 ASSISTED STUDENTS, ETC., A:CT 1951-1974
9. Atta~hment of debts, etc., due ~to assisted student to satisfy jUdgment. ( 1) Where, pursuant to the foregoing provisions of this, Act, a judgment ,of any court for the payment of money by an assisted student shall have been o'btained, the Public Servic!e Commissi'oner may, not- withstanding anything contained in any other Act or law or rule or practice of law, serve up10n any third person a copy of that judgment together with a notice in writing as hereinafter specified in subsection two ofthis section.
{2) The aforementioned no,tice shall set out the amo,unt due under the judgment and s.hall require the p'eIsoln to whom it is directed to p,ay to the Public Service 'Commissio'ner so much as is sp'ecified in the notice of all or any debts or moneys then ,due orthat may thereafter become due or accrue from that third p,erso'n to the assisted student in question.
( 3) Any third person as aforesaid shall at any time and from time to time when any dlebt or money is O'! blecomes due or payable by him to the assisted student in questio:n, pay forthwith to the Public Service Commissionet so much of that debt OT money as is specified in the notice served under this sectio'n and, until ,duly paid, any and ,every amo'unt so p'ayable shall ble a -debt ,due to His Majesty from the third person in question and be reoo,verable either boy the Crown p,ursuantto the pro-visio'ns of "The Crown Remedies Acts, 1874 to 1930," or by the Public Service C'o'mmissio'ner in his official nam,e p!ursuant to the provisio'ns of tl1is Act:
Provided Ithat-
(i) The third perso'n shall be ,deemed to have complied in full withthenoticewhen he shall havemade paym'ents aggregating the sum 'set out therein as the amount du.e under the judgment ,or when that judgment shall be satisfied, whichever ,event first happens; and
(ii) The notice shall not be effective so as to require the third p'ers-o-n tOI p'ay to the Crown any amo1unt of wages within the meaning of "Th·e Wages Attachlnent Acts, 1936 to 1940,"
which is 'exempted by those Acts from b,eing attached ,or charged by order of a court.
( 4) Any person making any playment in pursuance of this. sectio'n shall be deemed to have been acting under the autho'rity of the person who failed to comply with the judgment to, which the notice requiring him to make such p·ayment relates and of all other persons cOincemed, and is hereby indemnified in respect of such payment.
(5 ) This section shall apply 80 as not to plrejudice any olther mode ofex'ecuting a judgment as referred to in this section.
10. Exemption frorm stamp duty. No contract, document or instrument executed for the purposes of this Aot shall be liable to stamp duty, any ,enactment to the contrary notwithstanding.
ASSISTED STUDENTS, ETC., A,cr 1951-1974 SSe11, 12 7
11. Legal Proceedings. (1) For the purposes of this Act-
(a) The Public Service'Commissioner shall have andmay exercise all the powers, privileges, rights and remedies of the Crown;
(b) All legal pro'ceedings may be 'brought by or against the Public S,ervice C'ommissioner in his official name.
(2) In any proceedings under this Act a certificate by the Public Service Commis1sioner that the pTovisio,ns of this Act have been complied with shall be sufficient proof ,of that compliance until the contrary is proved.
(3) The app,ointm,ent of the Public Service Commissioner and his signature shall be judicially noticed.
12. Repeal of s. 14A of 39 Vic. No. 11. (1) This sectio'n shall be read as one with "The State Education Acts, 1875 to 1948," and those Acts and this section may be collectively cited as "The State Education Acts, 1875 to 1951."
(2) Section 14A 'of "The State Educatio,n Acts, 1875 to 1948," is hereby'rep,ealed:
Provided that the said sectio1n 14A shall, notwithstanding the rep,eal tllereof, continue and be deemed to co,ntinue in force with respect to any and every undertaking referred to therein given by a stu,dent befo'f'e the repeal thereof, it being hereby declared that any and every student shall be, and continue to ble, liable under and ,as prescribed by the said sectio1n 14A for failing at any time (whether before, or after, or partly before and palitly after the repeal of that sectio,n) to 'enter, 'or to remain in, service as required in his case for the due p1erformance of his under- taking thefeunder:
Pro,vided further that the s.aid sectio,n 14A shall not cOlntinue in force after the repeal thereof so far as relates to any liability thereunder of any p,erson who is not a student who shall have given an und'ertaking under that sectiotn b'efore the repeal thereof.
13. COIDstructio:D of Act. This Act shall apply so as not to limit the power and ,authority of the Crown to give assistance to students, it being hereby d,eclare,d that nothing herein shall prohibit or be deemed to p'fohibit the Crown from giving assistance to stu1dents who are not required to execute the contract provide'd for by this Act.
11037-By Authority: S. R. HAMPSON, Government Printer, Queensland
INDEX
TO
ASSISTED STUDENTS (ENFORCEMENT OF OBLIGATIONS) ACT 1951-1974
A
Page Assistance-
contract relating to meaning of term ..
Assisted Student-
attachment of debts due to, to satisfy judgment bond by, entered into before passing of Act ..
contract to be executed by ..
dismissal from service of, effect of . . . . . . . . failing to perform service as employee, damages for failure of meaning of term ..
Attachment of debts due to assisted students to satisfying judgment
B
Bond with respect to condition of service entered into by student before passing of Act
c
Certificate by Public Service Commissioner ofcompliance with Act Collective title of s. 14A and "The State Education Acts, 1875 to
1948 "
Commissioner for Railway- meaning of term .. . . when to be a party to the contract Construction of Act ..
Contract-
condition of, binding assisted students to perform service as employee not to be void for uncertainty
may stipulate sum payable to Crown as damages for breach by assisted students
no stamp duty on
parties to .. .• .. .. .. ••
remedies of the Crown for breach by students of terms and conditions of assistance to be set out in to be executed by person accepting assistance Crown-
contract relating to assistance by
meaning of term .. . . . . • · . · ..
Public Service Commissioner to have powers, etc., of remedies for breach by students of the contract
D
Dismissal from service, effect of
J
Judicial notice to be taken of appointment and signature of Public Service Commissioner
s. 3 2 9 7 3 8 4 2 9
7
11 (2) 12 (1)
2 .•
3 (2)
13 6 4 10 .•
3 (2) 5 ••
3 (1) 3 (3) 3 2 .•
11 (1) 5
8
11 (3)
2 1 6 4 2 5 3 1 6
4
7 7
2 2 7 4 3 6 2 3 2 2 2 2 7 3
s
7
10
Meaning of terms- assisted student assistance ..
Crown .. .. ..
Public Service Commissioner service as an employee ..
studies . . . . . . . . The Commissioner for Railways
M
p
INDEX
s.2 2 2 2 2 2 2
Page
1 1 2 2 2 2 2
Public Service Commissioner-
attachment of debts due to assisted student by, to satisfy judgment
certificate by, that Act complied with ..
judicial notice of appointment and signature of may bring legal proceedings in his official name meaning of term .. . .
to have power etc. of Crown when to be a party to the contract
s
9 11 (2) 11 (3) 11 (2) 2 .•
11 (1) 3 (2)
6 7 7 7 2 7 2
Service an an employee- damages for failure to perform meaning of term .. . . termination of, effect of ..
Short title
Stamp duty, exemption of
State Education Acts, repeal ofs.14A Studies, meaning of term
4 3
2 2
8 5
1
10 6
12 (2) 7
2 2
11037-By Authority: S. R. HAMPSON, Government Printer,a. Queensland
