CHILD ENDOWMENT.
No. 8 of 1941.
An Act to provide for the Payment of Endowments, in respect of certain Children, at the rate of Five shillings per week for each Child.
[Assented to 7th April, 1941.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Part I.—Preliminary.
Short title.
1. This Act may be cited as the Child Endowment Act 1941.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent, but an endowment shall not be payable for any period prior to the first day of July, One thousand nine hundred and forty-one.
Parts.
3. This Act is divided into Parts as follows:—
Part I.—Preliminary.
Part II.—Administration.
Part III.—Child Endowment.
Part IV.—Miscellaneous.
Definitions.
4. In this Act, unless the contrary intention appears—
“child” means a child (including an ex-nuptial child) under the age of sixteen years but does not include—
(a) a child who is maintained in an institution carried on wholly or mainly at the expense of the Commonwealth or a State; or
(b) the child of an alien father unless the child was born in Australia or unless the mother is a British subject or has made a declaration under section eighteen a of the Nationality Act 1920–1936;
“claim” means a claim for endowment under this Act;
“Deputy Commissioner” means a Deputy Commissioner of Pensions appointed under the Invalid and Old-age Pensions Act 1908–1940;
“endowment” means endowment under this Act;
“institution” means a charitable institution or organization (not being a charitable institution or organization maintained by the Commonwealth or a State or mainly dependent upon financial assistance from the Commonwealth or a State) approved by the Minister;
“Magistrate” means a Police, Stipendiary or Special Magistrate of the Commonwealth or of a State or Territory of the Commonwealth;
“mother” includes a stepmother, a foster mother and the wife of a person maintaining a legally adopted child;
“person” includes an institution;
“Registrar” means a Registrar of Pensions appointed under the Invalid and Old-age Pensions Act 1908–1940;
“the Assistant Commissioner” means the Assistant Commissioner of Pensions appointed under the Invalid and Old-age Pensions Act 1908–1940;
“the Commissioner” means the Commissioner of Pensions appointed under the Invalid and Old-age Pensions Act 1908–1940;
“this Act” includes the Regulations.
Part II.—Administration.
Administration.
5. The Secretary, Department of Social Services, shall, subject to any directions of the Minister, have the general administration of this Act.
Commissioner.
6.—(1.) The Commissioner may, by writing under his hand, delegate to the Assistant Commissioner all or any of his powers and functions under this Act so that the delegate may exercise the powers and functions specified in the instrument of delegation.
(2.) Where…
Overview
The Child Endowment Act 1941 was enacted to address the need for financial support for children under the age of sixteen, providing a weekly endowment of five shillings per child for each child in excess of one maintained by any person, and for each child maintained by any institution. Enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act aims to provide a financial supplement for the maintenance, training, and advancement of children. The policy objective of the Act is to offer a basic level of financial assistance to families to support the upbringing of children, ensuring that all children have access to essential resources regardless of their family's financial situation. The Act outlines provisions for the administration, determination of claims, and the conditions under which the endowments are granted, paid, and applied, ensuring that the funds are used for the intended purposes.
Scope and Application
The Child Endowment Act 1941 applies to individuals and institutions maintaining children under the age of sixteen years, with specific exceptions such as children in government or state-funded institutions or children of alien fathers unless certain conditions are met. The Act applies nationally across Australia, administered by the Secretary of the Department of Social Services, with powers delegated to various officers including the Commissioner, Assistant Commissioner, Deputy Commissioners, Magistrates, and Registrars. Exemptions include children in state or Commonwealth-funded institutions and children of alien fathers unless they meet certain criteria, such as being born in Australia or having a mother who is a British subject or has made a specific declaration under the Nationality Act 1920–1936. The Act can be extended and further defined through regulations made by the Governor-General, which cover the administration, conditions of endowment grants, and penalties for breaches. These regulations are designed to ensure the smooth operation and enforcement of the Act.
Key Provisions
- The Child Endowment Act 1941 (sections 13-19) provides for the payment of an endowment of five shillings per week for each child in certain circumstances. This endowment is granted to individuals maintaining more than one child, for each child in excess of one, and to institutions for every child they maintain. The Act outlines specific qualifications and conditions for eligibility, including residency requirements and exceptions for children of certain parents or those maintained by institutions. Endowments may be paid to the child’s mother or, in prescribed cases, to other specified persons. The Act specifies that endowments cease under various circumstances, such as the child reaching the age of sixteen or ceasing to reside in Australia.
- The Act imposes several obligations on the parties it governs. Claimants must adhere to the prescribed forms and procedures for making claims (section 16), and they must provide statutory declarations or other prescribed evidence to support their claims. The Commissioner or Deputy Commissioner may require additional information or documents to assess eligibility and determine claims (section 11). The Act also mandates that the Secretary of the Department of Social Services manage the general administration of the Act (section 5). Moreover, the Commissioner and other officials are required to maintain confidentiality regarding information acquired in the course of their duties (section 12).
- Breaches of the Act incur specific penalties and consequences. Section 25 outlines several offences, including making false or misleading statements in connection with claims, obtaining endowments to which one is not entitled, and presenting false documents to officials. Conviction for these offences carries a penalty of a fine of up to fifty pounds, imprisonment for up to six months, or both. Additionally, convicted individuals may be ordered to repay any amounts received as a result of the offence. The Act also allows for the recovery of any overpaid endowments as debts due to the Crown (section 24). Prosecution for offences under this Act requires the written consent of the Minister (section 26), and the burden of proof in such cases rests on the accused to demonstrate the truth of their statements or the genuineness of their documents (section 25(3)).
- Area of Law
- Social Security Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Offence Provisions
- Reporting & Disclosure Obligations