Child Endowment Regulations (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE CHILD ENDOWMENT ACT 1941.*
I,
THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulations
under the
Dated this twenty-Ninth day of July, 1941.
Governor-General.
By His Excellency’s Command,
Minister of State for Social Services.
CHILD ENDOWMENT REGULATIONS.
Part I.—Preliminary.
Part I.—Preliminary.
Part II.—Lodgment, Investigation and Determination of Claims.
Part III.—Payment of Endowments.
Part IV.—Miscellaneous.
“aboriginal native of Australia” means a person born in Australia whose parentage is predominantly aboriginal;
“approved” means approved by the Secretary, Department of Social Services;
“bank manager” includes an officer of the bank authorized by the bank manager;
“Deputy Commissioner”, in relation to an endowment, means the Deputy Commissioner for the State in which the endowment is paid;
“endowee” means a person entitled to receive payment of an endowment;
“postmaster” includes an officer of the post office authorized by the postmaster;
“the Act” means the
Child Endowment Act 1941.
(2.) For the purposes of these Regulations, unless the contrary intention appears, the Australian Capital Territory shall be deemed to be part of the State of New South Wales, and the Northern Territory shall be deemed to be part of the State of South Australia.
(3.) In these Regulations, any reference to a Form by number shall be read as a reference to the Form in the Schedule to these Regulations bearing that number.
*
Notified in the
4049.—21/28.7.1941.—Price 1s.
Part II.—Lodgment, Investigation and Determination of Claims.
(
a ) when the claimant has not previously been granted an endowment which is still being paid—a claim in accordance with Form 1; or(
b )in any other case—a claim in accordance with Form 2, together with a certificate of registration of birth in accordance with the approved form.
(2.) A claim for endowment by a person who is an aboriginal native of Australia—
(
a ) may be made by the person himself, or, on his behalf, by—(i) a member of a Board or other authority of the State or Territory in which the person resides charged with the welfare of aborigines, or an officer of any such Board or authority thereunto authorized by the Board or authority, or the Officer in Charge of the Aborigines Department, or other Department administering aboriginal affairs, of that State or Territory; or
(ii) by the Senior Protector of Aboriginals in the district, or by the person, if of European origin or descent, in charge of the mission or Government settlement where the person resides; and
(
b )shall be accompanied by a certificate furnished by the Aborigines Department, or other Department administering aboriginal affairs, of the State or Territory in which the child or children in respect of whom the claim is made, or whose maintenance is relevant to the claim, was or were born, as to the date, or approximate date, of birth of the child or children.
(3.) A Deputy Commissioner may, where he is of opinion that, by reason of special circumstances, it is necessary to do so, accept a claim made by a person approved by him on behalf of another person.
(2.) Where it appears to the Minister at any time that the approval of an institution should be withdrawn, the Minister may revoke the approval accordingly, and any endowment granted to that institution shall thereupon cease to be payable.
(3.) Any institution claiming endowment shall deliver or send to the Deputy Commissioner for the State in which the institution is located—
(
a ) where the institution has not previously been granted an endowment which is still being paid—a claim in accordance with Form 4; or(
b ) in any other case—a claim in accordance with Form 5.
(4.) Every institution to which an endowment has been granted shall, except where otherwise permitted by the Deputy Commissioner, on the Monday of every week, deliver or post to the Deputy Commissioner a statement in the approved form of the children admitted to, or discharged from, the institution during the week ended on the last preceding Saturday.
(
a ) by the mother of the child, if the child is living with the mother:Provided that, where the parents are permanently living apart and the father is, by his contributions, wholly or substantially maintaining the child, this paragraph shall not in any way affect the question by whom the child is maintained:
Provided further that, where the child is not, in fact, maintained by the mother or father of the child, and the child and its mother are both living with a person, or with the wife of a person, who would, if the child were his or her child, for the purposes of section 13 of the Act, be maintaining or deemed to be maintaining the child, the child shall be deemed to be maintained by that person; or
(
b ) by the father of the child, if the mother is dead, or if the mother and father are living apart, and the child is living with the father:Provided that, where the parents are not permanently living apart, and the mother is maintaining, or is deemed to be maintaining, any other child, the child so living with the father shall be deemed to be maintained by the mother.
(2.) Where a child is an inmate of an approved institution, the child shall, for the purposes of section 13 of the Act, be deemed to be maintained by that institution:
Provided that a child who is an inmate of a hospital shall be deemed to be maintained by the person who ordinarily maintains, or is deemed to maintain, the child.
(3.) Where the mother and father are both dead, or the child is not living with either of them, and the child is not deemed to be maintained by an approved institution, the child shall, for the purposes of section 13 of the Act, be deemed to be maintained by the guardian or other person having the custody, care and control of the child:
Provided that, where that guardian or other person is receiving payment from the mother or the father of the child, or from any other
person, towards the cost of the maintenance of the child, this sub-regulation shall not in any way affect the question by whom the child is maintained.
(2.) The Deputy Commissioner or a Registrar may require any person, whom he believes to be in a position to do so, to furnish to him, in accordance with the approved form, a confidential report on such matters relating to any claimant for an endowment or any child as to him appear relevant for the purposes of the Act.
(3.) A person who has been required, in pursuance of the last preceding sub-regulation, to furnish a report shall not fail to furnish the report within a reasonable time.
Penalty: Twenty-five pounds.
Part III.—Payment of Endowments.
Provided that, in the case of an institution entitled to receive endowment, payment may be made at intervals of twelve weeks, or at such other intervals (not being less than four weeks) as are approved by the Commissioner.
(2.) Any instalment of endowment or portion thereof may, if the Deputy Commissioner thinks fit, be paid by cheque.
(2.) The intervals at which an endowment payable to a bank account shall be payable shall each coincide with the end of an endowment period.
(3.) The Deputy Commissioner may make such adjustment as regards the first payment of an endowment or otherwise as is necessary to give effect to this regulation.
(2.) Where endowments are granted in respect of aboriginal children living in a reserve, settlement or mission supervised by a Protector of Aborigines, the endowments may, subject to the approval of the Commissioner, be applied to the general maintenance, training and advancement of the children residing on that reserve, settlement or mission.
(2.) Subject to any directions of the Commissioner or the Deputy Commissioner, the postmaster or bank manager shall deliver the order book to the endowee after the endowee has signed in his presence the receipt form endorsed on the notice of grant of endowment, and has surrendered that notice to him.
(3.) From time to time, as occasion requires, the Deputy Commissioner may forward further endowment order books to the postmaster or bank manager, who shall issue them in accordance with the instructions of the Commissioner or the Deputy Commissioner.
(4.) Where, prior to the commencement of these Regulations, a book in a form approved by the Secretary, Department of Social Services, and purporting to be an endowment order book has been issued to any person, that book shall be deemed, for the purposes of these Regulations, to be an endowment order book in accordance with the approved form duly issued to that person in pursuance of these Regulations.
(2.) The endowee or other person so required in pursuance of the last preceding sub-regulation, or by any provision of these Regulations, to return an endowment order book shall not fail to return the book within a reasonable time.
Penalty: Twenty-five pounds.
(2.) In the event of the loss or destruction of an endowment order book, the endowee shall inform the Deputy Commissioner in writing of the loss or destruction, and may make application in writing for a substitute older book.
(3.) If the Deputy Commissioner is satisfied that the original order book has been lost or destroyed, he shall notify the postmaster or bank manager of the loss or destruction, and shall instruct him not to make any further payment under the original order book, and may, upon such conditions as he thinks fit, order the issue of a substituted order book, which shall be forwarded to the postmaster or bank manager, who shall deliver it to the endowee in accordance with the instructions of the Commissioner or the Deputy Commissioner.
(4.) Where an endowment order book has passed from the possession of the endowee into the possession of another person, and that person has obtained payment of any instalment of endowment which he was not entitled to receive, upon surrender of an order from that endowment order book at a bank or post office—
(
a ) before the endowee has informed the manager of the bank, or postmaster in charge of the post office, at which the endowment is payable, of the loss of the order book; or(
b )where the endowee has informed the Deputy Commissioner of the loss—before the Deputy Commissioner has notified that bank manager or postmaster of the loss of the order book,
the instalment of endowment represented by the order so presented by the unauthorized person shall not be payable, and, in the event of the issue of a substitute order book, the Deputy Commissioner may omit from that book the order corresponding to that order:
Provided that, if the amount received by the unauthorized person or any part thereof is recovered by the Commonwealth, the Deputy Commissioner may, if, having regard to the circumstances existing at the time of the recovery, he thinks fit, pay the amount so recovered or any part thereof to the person who, in his opinion, is best entitled to receive it.
(2.) A postmaster or bank manager shall not pay any instalment of an endowment if he has reason to doubt that the person presenting the order is the endowee, or a person authorized by the endowee in pursuance of the next succeeding regulation to receive payment on his behalf.
the person by whom that child was maintained, or deemed to be maintained, at the time of the grant of the endowment, or a child whose maintenance is being so taken into account dies before reaching the age of sixteen years, the grant of the endowment—
(
a ) in the case of a child in respect of whom endowment is being-paid—in respect of that child; and(
b ) in the case of any other child whose maintenance is being so taken into account—in respect of the youngest child in respect of whom endowment is being paid to the endowee,
shall, as from the happening of that event, be deemed to be revoked, and any instalment of the endowment paid in respect of any period after that event may be recovered in pursuance of section 24 of the Act.
(2.) Upon the cancellation of an endowment which is being paid at a post office or bank, the Deputy Commissioner shall—
(
a ) forward a notice in accordance with the approved form to the postmaster or bank manager, who shall thereupon cease to make any further payment in respect of that endowment; and(
b ) forward a notice in accordance with the approved form to the endowee, who shall return, if he has not already done so, the endowment order book to the Deputy Commissioner forthwith.
Part IV.—Miscellaneous.
(2.) Where a form substantially in accordance with a form contained in the Schedule to these Regulations has been or is made available by the Commissioner or a Deputy Commissioner, the form so made available may be used by any person for the same purposes as the prescribed form, and the form so used shall he deemed for all purposes to be in accordance with the prescribed form.
(
a ) shall be in writing and shall declare that, to the best of the knowledge and belief of the declarant, the contents of the declaration are true and correct in every particular:Provided that, in relation to any claim, the form of declaration set out in the prescribed claim form shall be the prescribed declaration for the purposes of section 16 of the Act; and
(
b )shall be signed in the presence of, and attested by, one of the following persons:—A minister of religion; a legally qualified medical practitioner; a bank manager; a railway station master; a railway road-master; a State school head-teacher; a member of the police force of the Commonwealth or of a State; a police, stipendiary or special magistrate of the Commonwealth or of a State; a justice of the peace; a barrister or solicitor; a notary public; an adult permanent officer of the Commonwealth Public Service; a non-official postmaster; a superintendent of an aboriginal mission or settlement; a commissioner for affidavits; a commissioner for declarations; a Registrar of Pensions; a councillor of any municipality or shire; a town clerk; a shire clerk; a member or secretary of a road board; a member of the Parliament of the Commonwealth or of any State.
(2.) A person shall not wilfully make any false or misleading statement in any declaration made in pursuance of the Act or of these Regulations.
Penalty: Twenty-five pounds or imprisonment for three months, or both.
(
a )any child in respect of whom an endowment is being paid, or whose maintenance has been taken into account in the grant of an endowment—(i) ceases to be maintained, or to be deemed to be maintained, by the person by whom the child was maintained, or was deemed to be maintained, at the time when the endowment was granted; or
(ii) dies before reaching the age of sixteen years;
(
b ) any child in respect of whom an endowment is being paid-(i) ceases to be resident in Australia; or
(ii) if the child is a female child, marries; or
(
c ) an endowee—(i) is about to leave Australia; or
(ii) marries,
the endowee shall forthwith report the fact to the Deputy Commissioner in the State in which the endowment is paid, and return to him any endowment order book held in respect of the endowment.
Penalty: Twenty-five pounds.
Penalty: Twenty-five pounds.
(
a )advance money or goods, or offer or promise to advance money or goods, to any person on the security (whether sole or collateral) of an endowment or any instalment thereof; or(
b )purport to accept any transfer or assignment of, or any charge on, any endowment or instalment thereof.
Penalty: Twenty-five pounds or imprisonment for three months, or both.
(2.) An endowee shall not—
(
a )obtain an advance of money or goods upon the security of an endowment, or any instalment thereof; or(
b )purport to transfer or assign or create any charge on an endowment or any instalment thereof.
Penalty: Twenty-five pounds or imprisonment for three months, or both.
(2.) Whenever the death of any person is reported to a Registrar of Deaths for registration he shall inquire whether the deceased was in receipt of any endowment. If it appears to the Registrar that the deceased was in receipt of endowment, he shall forward to the Deputy Commissioner a notice in accordance with the approved form.
(3.) Whenever the death of any child under the age of sixteen years is reported to a Registrar of Deaths for registration, the Registrar shall forward to the Deputy Commissioner in the State in which the child died a notice in accordance with the approved form.
(4.) Any person now or hereafter authorized to record or register births and deaths under the law of a State or Territory of the Commonwealth shall be a Commonwealth Registrar for the purposes of the issue of certificates of registration of births and notices of deaths in pursuance of this regulation.
THE SCHEDULE.
Form 1.
Reg. 4 (1.).
Commonwealth of Australia.
CLAIM FOR CHILD ENDOWMENT.
I, [
The names, dates and places of birth, &c., of all children under sixteen years of age, now living, and maintained by me are as follows:—
Note.—If available, attach birth certificates or extracts of birth entries. These will be returned by post.
The Schedule—
Full Names of Children in order of age, the eldest child being named first. | Date of Birth. | Place of Birth. (Suburb or Town, and State, Territory or Country. | Relationship of Claimant to each Child. | |||||
Surname. | Christian Names. | Day. | Month. | Year. | ||||
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Questions and Requests for Information. | Answers. | |||||||
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3. State—
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The Schedule—
Questions and Requests for Information. | Answers. |
| 5. (i) |
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6. State—
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7. (i) Are you a natural born British subject?
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If not, state the facts. | 8. |
| 9. (i) |
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If your claim for Child Endowment is granted, you may choose one of two methods of receiving payment. They are—
(1) In cash at a bank or post office, each 28 days.
(2) By payment every twelve weeks to the credit of an account with a bank.
If you choose method (1), name both the post office and also the branch of the bank in the order you prefer, on the following two lines—
.......................................................................................................................................................
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If you choose method (2), state the bank and branch, also the title or number of your account—
Bank Branch
Title of Account Account Number
Every question should be fully answered before the claim is signed.
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The person before whom this declaration is made to sign here and add the title by which he takes the declaration, such as “Minister of Religion”, &c.
‡ The declaration may be made before any of the following persons:— A minister of religion; a legally qualified medical practitioner; a bank manager; a railway station-master; a railway road-master; a State school head-teacher; a member of the police force of the Commonwealth or of a State: a police, stipendiary or special magistrate of the Commonwealth or of a State; a justice of the peace; a barrister or solicitor: a notary public: an adult permanent officer of the Commonwealth Public Service; a non-official postmaster; a superintendent of an aboriginal mission or settlement; a commissioner for affidavits: a commissioner for declarations; a Registrar of Pensions; a councillor of any municipality or shire; a town clerk; a shire clerk; a member or secretary of a road board; a member of the Parliament of the Commonwealth or of any State.
The Schedule—
Declaration by Person other than a Relative who has known Claimant
for at least Twelve Months.
I, [
Please read each question carefully before answering. | |
Questions. | Answers. |
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Date
Form 2. Reg. 4 (1.).
Commonwealth of Australia.
ADDITIONAL CLAIM.
In Respect of Child of Children Born or Admitted to the Family after the Date of Original Claim for Child Endowment.
I, [
Full Name of Additional Child (or Children). | Date of Birth. | Place of Birth. (Suburb or Town, and State, Territory or Country.) | Relationship of Claimant to each Child. | |||
Surname. | Christian Names. | Day. | Month. | Year. | ||
The Schedule—
I declare that to the best of my knowledge and belief the information given above and in reply to the following questions is true and correct in every particular:—
Questions. | Answers. |
(If not, state the facts.) | |
(If not, state the facts.) |
I attach certificate of registration of birth obtained from the Registrar of Births.
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* The person before whom this declaration is made to sign here and add the title by which he takes the declaration, such as “Minister of Religion”, &c.
The declaration may be made before any of the following persons:—A minister of religion; a legally qualified medical practitioner; a bank manager; a railway station-master; a railway road-master; a State school head-teacher; a member of the police force of the Commonwealth or of a State; a police, stipendiary or special magistrate of the Commonwealth or of a State; a justice of the peace; a barrister or solicitor; a notary public; an adult permanent officer of the Commonwealth Public Service; a non-official postmaster; a superintendent of an aboriginal mission or settlement; a commissioner for affidavits; a commissioner for declarations; a Registrar of Pensions; a councillor of any municipality or shire; a town clerk; a shire clerk; a member or secretary of a road board; a member of the Parliament of the Commonwealth or of any State.
Form 3.
Reg. 6 (1.).
Commonwealth of Australia.
APPLICATION BY INSTITUTION OR ORGANIZATION FOR APPROVAL OF MINISTER.
Attention is directed to the following definition of “institution” in Section 4 of the 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.
I, [
I declare that, to the best of my knowledge and belief, the information given in reply to the questions and requests hereinafter set out is true and correct in every particular.
The Schedule—
Questions and Requests for Information. | Answers. |
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Note.—Please attach a copy of the Constitution or Objects of the Institution (or Organization) also a copy of the last annual statement of receipts and expenditure of the Institution. Any explanatory comments on the matters appearing in such statements should be furnished on the back hereof.
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* The person before whom this declaration is made to sign here and add the title by which he takes the declaration, such as “Justice of the Peace”, &c.
The declaration may be made before any of the following persons:—A minister of religion; a legally qualified medical practitioner; a bank manager; a railway station-master; a railway road-master; a State school head-teacher; a member of the police force of the Commonwealth or of a State; a police, stipendiary or special magistrate of the Commonwealth or of a State; a justice of the peace; a barrister or solicitor; a notary public; an adult permanent officer of the Commonwealth Public Service; a non-official postmaster; a superintendent of an aboriginal mission or settlement; a commissioner for affidavits; a commissioner for declarations; a Registrar of Pensions; a councillor of any municipality or shire; a town clerk; a shire clerk; a member or secretary of a road board; a member of the Parliament of the Commonwealth or of any State.
Form 4. Reg. 6 (3.).
Commonwealth of Australia.
CLAIM FOR CHILD ENDOWMENT IN RESPECT OF INMATES OF AN INSTITUTION.
I, [
I declare that, to the best of my knowledge and belief, the information given in reply to the questions and requests hereinafter set out is true and correct in every particular.
* Insert “Manager”, “Superintendent” or other title.
The Schedule—
SCHEDULE OF CHILDREN IN RESPECT OF WHOM ENDOWMENT IS CLAIMED.
* Full Name of Child. | Date of Birth, | Place of Birth. | Father’s Full Name. | Mother’s Maiden Surname. | Mother’s Christian Names. | Additional information. (See Questions 1 and 4 on the back of this form.) | |||
No. | Surname. | Christian Names. | Day. | Month. | Year. | ||||
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 | |||||||||
* The names should be shown in order of age—eldest first, and so on. The Christian names of each child should be shown in their correct order If available, attach birth certificates, or extracts of birth entries. These will be returned by post.
Questions and Requests for Information. | Answers. |
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The Schedule—
Questions and Requests for Information. | Answers. | |
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* The person before whom this declaration is made to sign here and add the title by which he takes the declaration, such as “Justice of the Peace”, &c.
The declaration may be made before any of the following persons:—A minister of religion; a legally qualified medical practitioner; a bank manager; a railway station-master; a railway road-master; a State school head-teacher; a member of the police force of the Commonwealth or of a State; a police, stipendiary or special magistrate of the Commonwealth or of a State; a justice of the peace; a barrister or solicitor; a notary public; an adult permanent officer of the Commonwealth Public Service; a non-official postmaster; a superintendent of an aboriginal mission or settlement; a commissioner for affidavits; a commissioner for declarations; a Registrar of Pensions; a councillor of any municipality or shire; a town clerk; a shire clerk; a member or secretary of a road board; a member of the Parliament of the Commonwealth or of any State.
Form 5.
Reg. 6 (3.).
Commonwealth of Australia.
ADDITIONAL CLAIM BY INSTITUTION IN RESPECT OF CHILD OR CHILDREN ADMITTED TO THE INSTITUTION SUBSEQUENT TO THE DATE OF ORIGINAL CLAIM FOR CHILD ENDOWMENT.
I, [
of
the [
Full Name of Child (or Children). | Date of Admission. | |||
Surname. | Christian Names. | Day. | Month. | Year. |
‡ Insert “Manager”, “Superintendent” or other title.
I declare that to the best of my knowledge and belief the information given above is true and correct in every particular:—
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* The person before whom this declaration is made to sign here and add the title by which he takes the declaration, such as “Justice of the Peace”, &c.
The declaration may be made before any of the following persons:—A minister of religion; a legally qualified medical practitioner; a bank manager; a railway station-master; a railway road-master; a State school head-teacher; a member of the police force of the Commonwealth or of a State; a police, stipendiary or special magistrate of the Commonwealth or of a State; a justice of the peace; a barrister or solicitor; a notary public; an adult permanent officer of the Commonwealth Public Service; a non-official postmaster; a superintendent of an aboriginal mission or settlement; a commissioner for affidavits: a commissioner for declarations; a Registrar of Pensions; a councillor of any municipality or shire; a town clerk; a shire clerk; a member or secretary of a road board; a member of the Parliament of the Commonwealth or of any State.
Form 6.
Reg. 31.
Commonwealth of Australia.
DECLARATION BY OFFICERS.
I, [
(1) I have been appointed to the office of under the
Child Endowment Act 1941.(2) I will not make a record of, or divulge or communicate to any unauthorized person, any information acquired by me in the performance or exercise of my duties, powers or functions, respecting the affairs of any other person.
(3) I shall at all times well and faithfully to the best of my ability exercise, discharge, and fulfil the powers, duties, functions, and obligations of or appertaining to my said office.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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