Child Welfare Act 1939 (NSW)
CHILI) WELFARE ACT.
Act No. 17, 1939.
An Act to consolidate and amend the law relating to children and young persons; to repeal the Child Welfare Act, 1923, and the Child Welfare (Amendment) Act, 1924; to amend the Interstate Destitute Persons Relief Act, 1919, and certain other Acts; to validate certain matters; and for purposes connected therewith. [Assented to, 23rd October, 1939.]
BE it enacted by the King 's Most Excellent Majesty, lative Council and Legislative Assembly of New South b y and with t he advice and consent of t he Legis Wales in Par l iament assembled, and by the author i ty of the same, as follows :—
P A R T I . PRELIMINARY.
1. (1) This Act may be cited as the " Child Welfare Act, 1939."
(2) This Act shall commence upon a date to be
appointed by the Governor and notified by proclamat ion
published in the Gazette .
P A R T 2. This Act is divided into P a r t s as fol lows:—
P A R T I . — P R E L I M I N A R Y — ss. 1-4.
P A R T I I . — A U T H O R I T I E S CHARGED WIT H ADMINISTRA
TION OF A C T — ss. 5-10.
P A R T I I I . — C H I L D R E N ' S C O U R T S — ss. 11-20.
P A R T I V . — E S T A B L I S H M E N T OF DEPOTS, H O M E S AND
H O S T E L S — ss. 21, 22.
P A R T V .—BOARDING-OUT OF CHILDREN AND YOUNG
P E R S O N S — ss. 23-26.
P A R T V I . — A L L O W A N C E S I N RESPECT OF DESTITUTE
CHILDREN AND YOUNG PERSONS LIVING WITH
P A R E N T S — s. 2 7 .
P A R T V I I . — L I C E N S I N G OF PLACES ESTABLISHED OR USED FOR THE RECEPTION OF CHILDREN APART FROM THEIR PARENTS AND OF DAY NURSERIES AND
KINDERGARTENS— ss. 2 8 - 3 8 .
P A R T V I I I — L Y I N G - I N H O M E S — SS. 3 9 - 4 2 .
P A R T I X . — M E N T A L L Y DEFECTIVE C H I L D R E N — s s , 4 3 - 4 8 .
P A R T X . — I N S T I T U T I O N S — s s . 4 9 - 5 5 .
P A R T X L — P U N I S H M E N T OF INMATES IN INSTITU
TIONS— ss. 5 6 , 5 7 .
P A R T X I I . - — M A I N T E N A N C E OF CHILDREN BY THEIR
RELATIVES— ss. 5 8 - 6 4 .
P A R T X I I I . — E M P L O Y M E N T OF C H I L D R E N — s s . 6 5 - 7 1 .
P A R T X I V . — C O M M I T T A L OF NEGLECTED OR U N C O N TROLLABLE CHILDREN OR YOUNG PERSONS OR OF
JUVENILE OFFENDERS— ss. 7 2 - 9 3 .
P A R T X V . — T R A N S F E R OF PERSONS FROM A PRISON TO
AN I N S T I T U T I O N — s. 9 4 .
P A R T X V I . — A F F I L I A T I O N PROCEEDINGS— ss. 9 5 - 1 2 4 .
P A R T X V I I . — P R O C E D U R E , PENALTIES AND GENERAL
PROVISIONS— ss. 1 2 5 - 1 6 0 .
P A R T X V I I I . — R E G U L A T I O N S — S. 1 6 1 .
P A R T X I X . — A D O P T I O N OF C H I L D R E N — ss. 1 6 2 - 1 7 3 .
P A R T X X . — A M E N D M E N T OF VARIOUS ACTS—5,9.
1 7 4 - 1 8 1 .
DIVISION 1.—Amendment of Interstate Destitute
Persons Relief Act, 1 9 1 9 — s. 174.
DIVISION 2.—Amendment of Deserted Wives and
Children Act, 1901-1931—5. 175.
DIVISION 3.—Amendment of the Criminal Appeal
Act of 1 9 1 2 — s. 176.
DIVISION 4.—Amendment of Public Instruction
(Amendment) Act, 1 9 1 6 — s. 177 . DIVISION
DIVISION 5—Amendment of Venereal Diseases Act,
1918— s. 178. DIVISION 6.—Amendment of Paivnbroker s Act,
1902—5. 179.
DIVISION 7.—Amendment of Second-han d Dealers
and Collectors Act, 1906—s. 180.
DIVISION 8.—Amendment of Crimes Act, 1900—
s. 181.
S C H E D U L E S .
3. ( 1 ) The Acts mentioned in the F i r s t Schedule to this Act are to the extent there in expressed hereby repealed.
(2) All pe rsons appointed under any Act hereby repealed and holding office a t the commencement of this Act shall be deemed to have been appointed hereunder .
(3) All inst i tut ions and shel ters consti tuted or established under any Act hereby repealed and in existence at the commencement of this Act shall be deemed to have been const i tuted or established under this Act.
(4) This Act shall apply to all children apprent iced, boarded-out , placed-out or placed as adopted boa rde r s under any Act hereby repealed as if such children had been apprent iced, boarded-out , placed-out or placed as adopted boarde r s under this Act.
(5) All proclamat ions , regulat ions , rules , licenses, orders , direct ions and ins t ruments issued, made or executed under any Act hereby repealed, or having force or effect the reunder shall, if not inconsistent wi th th is
Act, remain in force and be deemed to have been issued,
made or executed under this Act.
(6) A reference in any regulat ion made under any Act hereby repealed to the provis ions of the Act repealed shall be const rued as a reference to the cor responding provis ions of this Act.(7) All ch i ldren ' s courts established, and all l imits of jur isdict ion defined under the au thor i ty of any Act repealed by this Act, and exist ing immediately before the commencement of this Act, shall be deemed to have been established and defined respectively under this Act.
(S)
(8) All orders made under the In fan t Pro tec t ion
Act , 1904, as amended by subsequent Acts , and in force immediately before the commencement of this Act, shall, if not inconsistent with the Child Welfare Act, 1923, as amended by subsequent Acts , or with this Act, remain in force, and shall be deemed to have been made under this Act.
I n this Act unless the context otherwise r equ i res :—
" A d m i t t e d to S ta te c o n t r o l " means admi t ted to the control of the Minister for the purpose of being- apprent iced, boarded-out , placed-out or placed as an adopted boarder .
" Adopted boarder " means a child or young person who, if under the maximum age up to which he is compelled by law to a t tend school, is allowed by au thor i ty of the Minister to remain with a foster pa ren t without payment of an allowance by the Child Welfare Depar tmen t or, if over the maxi mum age up to which he is compelled by law to a t t end school, is allowed by au thor i ty of the Minis ter to remain with the foster pa ren t on t e rms and conditions which do not requi re tha t the whole or any p a r t of any wages earned by the child or young person be paid to the Minister on behalf of such child or young person.
' ' A d o p t i n g p a r e n t " means an adopt ing p a r e n t as defined in section one hundred and sixty-two of this Act, and, except in P a r t X I X , includes a person who has adopted a child under a deed of adoption.
" Age " means, in the absence of posit ive evidence as to age, the appa ren t age. " Boarded-out " means placed in the care of some foster p a r e n t for the purpose of being nursed, mainta ined, t ra ined or educated by such person or in such pe r son ' s home.
** Care " includes custody and control .
" C h i l d " means person under sixteen years of age." Cour t " means chi ldren 's court, and includes a
mag i s t r a t e or justices exercising the jur isdict ion of a chi ldren 's court.
+1145—F " D i r e c t o r " " Direc tor " means the Director of the Child AVelfare
Depa r tmen t .
" F o s t e r p a r e n t " means any pe r son with whom any child or young person is boarded-out o r
placed as an adopted boarder .
" Ins t i tu t ion " means ins t i tu t ion established under this Act, and includes any special school for t r u a n t s established under the Publ ic Ins t ruc t ion (Amendment ) Act, 1916.
" Jus t ice " means just ice of the peace.
" Juveni le o f fender" means child or young person
who has committed an offence.
" Lying-in home " means house in which more than one woman is received for confinement with or without payment of money.
" Magi s t r a t e " means s t ipendiary or police magis t r a t e .
" Maintenance " includes clothing, support , t ra in ing and education.
" Medical prac t i t ioner " means legally qualified
medical pract i t ioner . " Offence" means offence punishable summar i ly or on indictment unde r this or any other Act or a t common law.
" O f f i c e r " means an officer of the Child Welfare Depar tment , and includes any person act ing unde r the ins t ruct ion of the Minis ter but docs
not include any special or o ther mag i s t r a t e .
' ' P a r e n t ' ' when used in re la t ion to a child or young person includes s tep-parent , adop t ing pa ren t , guard ian , and any pe r son who is by law liable to main ta in the child or young person. " Place of safety " means home, police stat ion, hos p i ta l or any other place the occupier of which is willing t empora r i ly to receive a child or young person. " Placed-out " means placed in employment without being apprent iced.
" P r e l i m i n a r y
" P re l imina ry expenses " means the expenses of the maintenance of the mother du r ing a per iod of one month immediately preceding the b i r th of ne r child, reasonable medical and nur s ing ex penses a t t endan t upon the confinement of the mother , and the expenses of the maintenance of the mother and child for three months im
mediately succeeding i ts b i r th . " Prescr ibed " means prescr ibed by this Act or by
the regulat ions . " Proc lamat ion " means proclamat ion published in
the Gazette.
" Publ ic place " includes a vessel, vehicle, room or any field or other place whatsoever to which the public for the time being have or a r e pe rmi t t ed to have access, whether on payment or other wise.
" Regula t ions " means regula t ions made under this
Act.
" Shel ter ' ' includes a place of safety.
" S t ree t " includes any highway or other public
place whether a thoroughfare or not .
" Super in tendent " includes the pe r son for the t ime being in charge of an inst i tut ion.
" Uncontrollable " where used in reference to a child or young person means child or young person who is not being or cannot be controlled by his p a r e n t or by any person having his care . " W a r d " means any child or young person who has
been—
(a) admit ted to S ta t e control ; (b)
committed to an ins t i tu t ion ; (c) admitted into a hostel for expectant and
nur s ing m o t h e r s ; (d)
admitted into a home for mentally defec tive children.
" Young person " means a person who has a t ta ined
the age of sixteen yea r s and is under the age of
eighteen yea r s . P A R T
P A R T I I .
AUTHORITIES CHARGED WI TH ADMINISTRATION OP A C T .
5. (1) The Governor may, under and subject to t he provis ions of the Publ ic Service Act, 1902, as amended by subsequent Acts , appoin t a Direc tor of the Child We l f a r e Depar tmen t , and such other officers and employees a s a re necessary for the admin is t ra t ion of this Act.
(2) The Director and other officers and employees shall be subject to the provis ions of the Public Service Act, 1902, as amended by subsequent Acts , du r ing the i r tenure of office.
6. The Minis ter may appoint persons not being officers or employees of the Child Wel fa re Depar tment , to be vis i tors to any of the inst i tut ions, homes, depots , hostels , and shel ters const i tuted or established under this Act.
7.
and honora ry lady vis i tors to ca r ry out such duties a s
may be prescr ibed.The Minis ter may appoin t honora ry welfare officers The Director shall issue to such welfare officers and lady vis i tors an au thor i ty card indicat ing the na tu r e
of
thei r appoin tment . 8 . such persons as he thinks fit to form an advisory council.
( 1 ) The Governor may, from time to t ime, appoin t
(2) The functions of the council shall be—
(a) to r epo r t upon such m a t t e r s connected with child welfare as may be re fer red to it by the
Min i s te r ;
(b)
to advise the Minis ter on m a t t e r s connected with child welfare in New South Wales .
(3) The secre tary of the council shall be an officer of the Child Welfare Depa r tmen t nominated by the
Director .
(4) The council shall, subject to this Act and to the regula t ions made thereunder , frame rules for the conduct of i ts business. Such rules shall not be opera t ive unt i l they have been approved by the Minister .
(5) The provis ions of the Publ ic Service Act, 1902, or of any Act amending tha t Act, shall not apply to or in respect of the appoin tment by the Governor of any mem ber of the council, and any member so appointed shall not be subject to the provis ions of any such Act du r ing
his t e rm of office. 9 .
(1) Notwi ths tanding any other law re la t ing to the gua rd iansh ip or custody of children the Minis ter shall bo and become the gua rd i an of every child or young pe r son who becomes a wa rd to the exclusion of the p a r e n t or other gua rd i an and shall continue to be such gua rd i an unt i l the child or young person ceases to be a ward .
9.
(2) W h e r e any ward of whom the Minis ter is
gua rd ian a t ta ins the age of eighteen years , the Minis ter
| may te rmina te the | guard iansh ip . |
W h e r e such guard iansh ip is not te rminated , the
Minis ter shall remain gua rd ian unt i l the ex-ward a t ta ins the age of twenty-one years , and the ex-ward shall dur ing such per iod be subject to the supervision of the Minister .
10. Subject to this Act the Minis ter shall have the care of the person of all wards , except dur ing the per iod when they a re inmates of an inst i tut ion or of a home for mental ly defective children or are boarded out or placed as adopted boarders with foster pa ren t s or placed-out or apprent iced with any other persons .
P A R T I I I . CHIEDKEX'S COURTS.
11. (1) The Governor shall by proclamat ion establish special courts to be called chi ldren ' s cour ts .
E v e r y such court shall consist of a. special mag i s t r a t e
and shall have jur isdict ion within the a rea named in the
proclamation.
(2) I n places not within any such area the ju r i s
diction of a court shall be exercised by a special magis
| t r a t e , or any two justices. |
v'3) Such special mag i s t r a t e shall possess the
qualifications required for the office of police or stipen
diary mag i s t r a t e under the Public Service Act, 1902.
12. (1) A chi ldren ' s court and the mag i s t r a t e or
| just ices | const i tu t ing | such | court— |
(a)
shall exercise the powers and authorities which a re possessed by mag i s t r a t e s , cour ts of pe t ty sessions or justices in respect of children and young persons and of offences committed by
or agains t children and young p e r s o n s ; (b)
(b)
may, where a child or young person is charged with an indictable offence (other than homicide, r ape or other offence punishable by dea th ) , hea r and determine the said charge in a summary manner in accordance with the provisions of this Ac t ;
(c)
shall exercise the powers and authorities of a just ice or just ices to hea r and determine com plaints , informat ions , appl icat ions and proceed ings under the Deser ted Wives and Children
Act , 1901-1939; (d)
shall hear and determine complaints, informa t ions, appl icat ions and proceedings under this A c t ;
(e)
shall exercise the powers and authorities of just ices to hear and determine applicat ions or complaints under sections one hundred and forty-two to one hundred and forty-six, both inclusive, of the Lunacy Act of 1898.
(2) A chi ldren ' s court consist ing of a special
mag i s t r a t e shall exercise the powers and author i t ieswhich a r e conferred upon courts of pe t ty sessions by the
I n f a n t s ' Custody and Set t lements Act, 1899-1934. Any order for the payment of a weekly or other periodical sum made by a court in the exercise of the powers and author i t ies conferred by this subsection shall have and take effect as an order for the payment at the weekly or o ther per iods s ta ted in the order , of successive amounts of money equal to the sum s ta ted in the order . If default is made in the payment of any one or more of
the sums then in default for any per iod not exceeding such sums, the o rder m a y be enforced, as to the to ta l of
six months , as if it were an order under the Smal l Debts
Recovery Act, 1912-1933, for the payment of a sum of money equal to such total , made by the court of pe t ty sessions named in the order .
13. (1) If it appea r s to a cour t tha t any complaint ,
information, appl icat ion or proceeding before the cour t under the Deser ted Wives and Children Act, 1901-1939, or under this Act, or in respect of children and young persons , and of offences commit ted by or aga ins t children
and
and young persons can be more conveniently, economic ally or fair ly hea rd and determined by a cour t s i t t ing a t some other place the court may ad journ the hea r ing of such complaint , information, appl icat ion or proceeding whether the defendant or respondent appea r s or not and may remand any person charged before it to a court s i t t ing a t some other place specified and appoint a day for
| the | hear ing . |
(2) The clerk of the first-mentioned court shall thereupon t r ansmi t to the clerk of the court to which the hea r ing has been adjourned all documents and deposit ions in his possession re la t ing to the complaint, information, application, or proceeding.
( 3 ) W h e r e a child or young person has been
brought before a court as a neglected or uncontrollable child or young person or a juvenile offender, and the cour t has adjourned the hear ing and remanded the child or young person to a court s i t t ing a t some other place, any evidence committed to wr i t ing a t the first-mentioned court may be accepted as evidence by the court to which the child or young person has been remanded if, on the deposit ion taken by the said first- mentioned court, there appea r s a certificate by such court tha t the said deposit ion was read over a t the hear ing in the presence of the said child or young person, and tha t he was afforded an oppor tun i ty to cross- examine the witness or witnesses.
| 14. (1) On and af ter the establ ishment of a court, the jur isdict ion of every court of pe t ty sessions in respect of the ma t t e r s as to which the court has jurisdict ion, | except those ma t t e r s in which a justice or just ices has | or have jur isdict ion under the Deser ted Wives and |
| Children Act, 1901-1939, shall cease to be exercised. | ||
| (2) Nothing in this section shall abr idge or prejudice the minis ter ia l powers of mag i s t r a t e s or jus tices in cases of committal for t r ia l or thei r powers to take any information or issue any summons, or g ran t , issue, or endorse any wa r r an t , or admit to bail. |
( 3 ) No conviction, order, judgment , or proceeding
made or given by or had before a cour t of pe t ty sessions in contravent ion of this section shall be inval idated or affected by reason only of such contravent ion.
15. A court shall be held—
(a)
where practicable, in the proximity of a shelter; or
(b) in some building or room approved in that behalf
by the Min i s t e r .
If a court-room is so approved, the hea r ing shall not
take place a t an hour when the o rd ina ry court business
is being t ransac ted . 16. (1) At any hear ing or t r ia l by a court any persons
not directly in teres ted in the case shall be excluded from the court-room or place of hear ing or t r ia l unless the court otherwise directs .
(2) The court may, if it is of opinion tha t in the in te res t of the child or young person such a direction should be given, direct a child or young person to leave the court a t any t ime dur ing such hear ing or t r ia l or may direct any person to leave the court du r ing the examina tion of any witness.
( 3 ) Dur ing the hea r ing of any complaint under
P a r t X V I of this Act, no person shall be or be permi t ted to be presen t in cour t except the following—
(a) the adjudicat ing mag i s t r a t e , or just ices, any officer, the officers of the court , and a member
of the police force;
(b) the complainant and the defendant, and their
respective ba r r i s t e r s and sol ici tors ; (c)
the mother, sister or other relative or friend of the complainant , if desi red by such complain
a n t ; (d)
any person whilst being examined as a witness; and
(e)
the mother, sister or female friend of any female witness, if desi red by such witness whilst being examined,
unless the cour t shall pe rmi t any o ther person to be
present .
17. The provis ions of section sixteen of this Act shall apply , muta t i s mutand i s , to the hea r ing of
an
appea l to a cour t of q u a r t e r sessions aga ins t any decision of a court .
18. (1) An appeal shall lie from any determinat ion, finding of guilt or order of a court (not being a committal for t r ia l or a determinat ion, conviction or order under P a r t X I I or P a r t X V I of this Act) by the persons and in the manne r provided by P a r t V of the Jus t ices Act, 1902,
(2) W h e r e an appel lant is a child or young person the appeal may be taken by him or by his p a r e n t on his behalf and in his name.
(3) Where an appel lant is a child or young person in place of the release of the appel lant from custody upon enter ing into recognizances or deposi t ing any money with the court, he may be committed by the court from which the appeal is made to a shelter pending the de terminat ion of the appeal .
19. The Jus t ices Act, 1902, so fa r as it is not incon
sis tent with this Act, shall apply to a court and to pro ceedings before a court, other than proceedings under P a r t X V I of this Act.
(1) W h e r e a charge is made joint ly aga ins t a child or young person and a person who has a t ta ined the age of eighteen yea r s the hea r ing of the charge agains t the child or young person may be adjourned unt i l the charge agains t the person who has a t ta ined the age of eighteen yea r s has been hea rd and determined.
20.
(2) A court may exercise jur isdict ion in cases where the person charged is over the age of eighteen yea r s but under the age of twenty-one yea r s if, a t the t ime of the commission of the offence, the person charged had not a t ta ined the age of eighteen years , and such person shall, for the purposes of this Act, be deemed
| to be a young person. | P A R T | IV. |
ESTABLISHMENT OF DEPOTS, H O M E S AND HOSTELS.
21 . (1) The Governor may, by proclamat ion, estab
lish—
(a)
depots for the temporary accommodation and maintenance of children and young pe r sons ;
(b)
(b) homes for the reception and maintenance of—
(i) physically defective children or young p e r s o n s ;
(ii)
invalid and sick children or young p e r s o n s ;
(iii) bab ies ;
(iv) children or young persons admitted to
S ta te cont ro l ;
(c) hostels for the accommodation and maintenance of—
(i) expectant and nurs ing m o t h e r s ;
(ii) wa rds and ex-wards ;
(2) The establishment before the commencement of this Act of any depot, home or hostel, which could law fully have been established if subsection one of this section had been in operat ion at the da te the same was established, is hereby val idated.
Any depot, home or hostel, the establ ishment of which is val idated by this subsection, and which is in existence immediate ly before the commencement of this Act, shall for all purposes of this Act be deemed to have been established under this Act.
22 . All depots , homes and hostels established or deemed to have been established under this P a r t shall be controlled by the Minis ter and shall be inspected once at least in every three months by an officer appointed for tha t purpose by the Minister . Such officer shall, af ter such inspection, submit to the Minis ter a repor t dealing
with the m a t t e r s prescr ibed.
P A R T V. BOARDING-OUT OF CHILDREN AND YOUNG PERSONS.
23 . (1) The Minis ter shall be the au thor i ty t o—
(a) admit a child or young person to S ta te cont ro l ; (b)
provide for the accommodation and mainten ance of any child or young person admi t ted to S ta te control unti l he is apprent iced, boarded- out, plaeed-out or placed as an adopted b o a r d e r ;
(c)
(c)
pay foster parents such rates as may be pre scribed ;
(d)
direct the removal or transfer of any ward (other than a wa rd who has been committed to
an inst i tut ion for a specified t e r m ) ; (e)
apprentice, board-out, place-out, or place as an adopted boarder any ward (other than a wa rd who has been committed to an inst i tut ion for
a specified t e r m ) ; (f)
approve of persons applying for the custody of wa rds and of the homes of sach p e r s o n s ;
(g) arrange the terms and conditions of the custody
of any w a r d ; (h)
direct the restoration of any ward (other than a ward who has been committed to an inst i tu tion for a specified te rm) to the care of his pa ren t or of any other pe r son ;
(i) direct the absolute discharge of any ward (other than a w a r d who has been committed to an inst i tut ion for a specified t e rm) from supervision and control.
(2) (a) The Minis ter may, under and in accord ance with subsection one of this section, board out any child or young person to the person for the t ime being in charge of any chari table depot, home or hostel and may make to the person in charge of such chari table depot, home or hostel payments in respect of such child or young person a t the rates prescr ibed for paymen t s under
| p a r a g r a p h | (c) | of tha t | subsection. |
(b) Where the total weekly earnings of a child or young person a re not sufficient to cover the weekly inclusive cost of his maintenance and a reasonable amount to cover pocket money and t ravel l ing expenses the Minister may place such child or young person in the care of the person for the time being in charge of any chari table hostel and may subsidise the weekly earn ings of such child or young person so as to provide for the difference between such weekly inclusive cost and the to t a l weekly earn ings of such child or young person.
Such
Such subsidy may be continued unt i l such t ime as the total weekly earn ings of the child or young person render this subsidy unnecessary.
(c) The following provisions shall apply with respect to each chari table depot, home or hostel (which was in existence immediately before the commencement of this Act) to the person for the t ime being in charge of which any child or young person is boarded out pur
suant to p a r a g r a p h (a) of this subsect ion:— (i) A committee convened by the Minister shall, in respect of each such chari table depot, home or hostel ascer ta in the average number of children and young persons who were inmates thereof dur ing the per iod of two yea r s immediately before the commencement of this Act.
Such committee shall consist of the Govern ment Sta t is t ic ian or an officer of the Public Ser vice nominated by him, the Director or an officer of the Child Welfare Depar tment nominated by h im and a person selected by the Minister from persons whose names are on a panel of names of persons appoin ted in the manner prescr ibed to represen t the chari table organisa t ions by which such chari table depots , homes or hostels a re conducted and mainta ined.
F o r the purpose of exercising or pe r fo rming
i ts functions unde r this s u b p a r a g r a p h the com
mit tee or any officer of the Public Service nom
ina ted by it for the purpose , may inspect the books, accounts and records of any char i table depot, home or hostel and make extracts thereof or copies therefrom. ( i i ) No paymen t shall be made pu r suan t to p a r a g r a p h (a) of this subsection unless the to ta l number of children and young persons who a r e for the time being inmates of the chari table depot, home or hostel exceeds the average num ber so ascer ta ined in respect of tha t char i table depot, home or hostel .
(iii)
(iii) No payment shall be made p u r s u a n t to p a r a g raph (a) of this subsection in respect of a num ber of children or young persons g rea te r than the number which represen ts the difference between such total number and such average number.
(d) W h e r e payments are , in accordance with
p a r a g r a p h (a) or p a r a g r a p h (b) of this subsection, made t o the person for the t ime being in charge of any chari t able depot, home or hostel an officer appointed for the pu rpose by the Minister , may, at any t ime inspect such char i tab le depot, home or hostel and make such examina t ions into the s ta te and management thereof and the con di t ions and t r ea tment of the children and young persons (being inmates thereof) in respect of whom the payments a r e so made, as he thinks requisi te, and the person for t he t ime being in charge of the chari table depot, home or hos te l shall afford all reasonable facilities for such inspection and examinat ion.
(e) I n this subsection "cha r i t ab l e depot,
home or h o s t e l " means a depot, home or hostel estab lished or main ta ined by a chari table organisa t ion and used wholly or in p a r t for purposes analogous to the purposes re fe r red to in subsection one of section twenty-one of this Act.
( 3 ) The Minister may from time to t ime by
wr i t ing under his hand, delegate to any specified officer, a l l or any of the powers conferred by subsection one of th is section, and may a t any t ime revoke any such delega t ion.
| No person shall be concerned to see or inquire whether a n y act, m a t t e r or th ing done or per formed by any officer when p u r p o r t i n g to act as delegate of the Minister is or is not author ised by any such delegat ion: |
Prov ided tha t no delegat ion of any of the powers re fe r red to in p a r a g r a p h s (d) (e) (h) and (i) of subsec t ion one of this section shall be construed as au thor i s ing the officer to discharge any ward from an inst i tut ion.
(4) The Minister may, upon such t e rms and con di t ions as may be prescr ibed or as he may, in any special case, approve , place a wa rd as an adopted boarder in the care of a foster pa ren t .
When
When such ward is over the maximum age up to which he is compelled by law to a t tend school and is to bo- employed by the foster paren t , but the foster pa ren t is unable to pay the prescr ibed r a t e of wages the consent of the Minis ter and of the w a r d shall be obtained before he is so placed in the care of a foster pa ren t .
( 5 ) P a y m e n t to a foster p a r e n t for any w a r d
shall not extend beyond the t ime when the w a r d shall have a t ta ined the maximum age u p to which he is com pelled by law to a t tend school unless—
(a) the ward is an invalid or is otherwise incapaci
t a t e d ; or (b)
the case possesses unusual features which call for special considerat ion,
and the Minis ter author ises such payment .
(6) On a t t a in ing the maximum age up to which he is compelled by law to a t tend school a ward shall, except in the circumstances refer red to in subsections three and four of this section, or except in such other c i rcumstances as may be prescribed, be placed-out or apprent iced.
24. The Minis ter may remove any child from any chari table inst i tut ion, depot, home or hostel suppor t ed wholly or in p a r t by g r a n t s from the Consolidated Revenue F u n d and cause him to be apprent iced, boarded- out, placed-out, or placed as an adopted boarder .
25. The Minis ter may cause to be visi ted and in spected any child or young person who has been a ward , for any per iod not exceeding two yea r s af ter the da t e upon which such child or young person a t t a ins the age
of eighteen years . The Minis ter m a y deduct from the paymen t s due to any foster p a r e n t such amount as may be deemed equi valent to the loss occasioned by the neglect of such fos ter pa ren t to keep outfits u p to the s t anda rd prescribed.
26.
P A R T
P A R T VI .
ALLOWANCES IN RESPECT OF DESTITUTE CHILDREN AND
YOUNG PERSONS LIVING WITH PARENTS.
27. (1) The Minister , out of moneys provided by Pa r l i amen t , may in such circumstances and subject to such conditions as may be prescr ibed g r a n t an allowance for the suppor t of a dest i tute child or young person to—
(a)
the mother when such child or young person is l iving with her and when such mother is—
(i) a widow, or
(ii) a deser ted wife, or(iii) a wife whose husband is—
(a) incapaci tated from following his
usual or any occupation, or
(b) in gaol, or
(c) an old-age pensioner , or
(i v) a single woman, or
(v) a woman living a p a r t f rom her husband—
(a) under any decree of judicial
separat ion, or
(b) under any deed of separat ion, or
(c) where a decree nisi in divorce has been made, or (vi) a woman whose marriage has been dis solved by a decree absolute in divorce, or
(vii) a woman whose marriage is void or has been annulled by any decree or order of the Supreme Cour t in i ts mat r imonia l
causes jur i sd ic t ion;
(b)
a single woman who has adopted such child or young person when such child or young person
is l iving with h e r ; (c)
the father, where such child or young person is l iving Avith him and where such fa ther is in capaci tated from following his usual or any occupation, and is—
(i) a widower, or
(ii) a deser ted husband, or
(iii)
(iii) a husband whose wife is—
(a) incapaci ta ted th rough menta l o r bodily infirmity, or
(b) in gaol, or
(c) an old-age pensioner .
(2) This section shall not extend to author ise the g ran t ing of an allowance to any widow who is in receipt of a pension under the W i d o w s ' Pensions Act, 1925-1937, where any p a r t of the pension is paid to her in respect of the child or young person for whom an allowance is sought under this section.
(3) P a y m e n t of an allowance under this P a r t shall
not extend beyond the t ime when the person in respect of whom the allowance is g ran ted shall have a t ta ined the max imum age u p to which he is compelled by law to a t tend school unless—
(a) the child or young person is an invalid or is
otherwise incapac i ta ted ; or (b) the case possesses unusual features which call for special considerat ion,
and the Minis ter author ises such payment , and in any such case such payment may be continued unti l the person in respect of whom the allowance is g ran ted a t ta ins the age of eighteen yea r s .
P A R T V I I .
LICENSING OF PEACES ESTABLISHED OK USED FOR THE R E C E P TION OF CHILDREN APART FROM THEIR PARENTS AND
OF DAY NURSERIES AND KINDERGARTENS.
28. (1) The person in charge of any place established or used—
(a) for the reception and care of one or more chil
d ren under the age of seven years , a p a r t from the i r mother or other pa ren t , or
(b) for the purpose of conducting a day nursery
or k inderga r t en
shall
shall make applicat ion to the Minister in the prescr ibed form and manne r for a license in respect of such place.
(2) The Minister shall thereupon cause inquiry to be made respect ing such applicat ion and a r epor t to be furnished by an officer.
( 3 ) The Minis ter upon receiving such repor t may
g r a n t or refuse a license in respect of such p lace ; and such license when g ran t ed shall r emain in force unt i l cancelled by o rder of a court, bu t any provis ion of the license re la t ing to the maximum number of children who will be received and cared for, or, as the case may be, will a t t end the day nu r se ry or k indergar ten , may be var ied
from time to t ime by the Minister . Pa r t i cu l a r s of any such var ia t ion may be endorsed on the license.
(4) E v e r y license shall be subject to such condi t ions and requi rements as may be prescribed.
29. (1) I n every place licensed under this P a r t the
pe r son in charge shall keep a reg is te r in a form pre scribed in which shall be entered for thwith by such person the names , sex and age of each child received into the care or charge of such person and the da te when such child was so received, and such other pa r t i cu la r s as may be prescribed.
(2) E v e r y such regis ter shall be produced by the person in charge a t all reasonable t imes when the p ro duction of the same is demanded by the Minis ter or any officer author ised by the Minis ter in tha t behalf, and may be examined and (if the Minis ter or such officer thinks
fit copies of any entr ies there in may be made.
( 3 ) Fo r thwi th after the removal of any child
on a t ta in ing the age of seven years , the person in charge from a place licensed as aforesaid whether before or
shall enter in which regis ter the t ime of such removal and
the names, addresses and calling or occupation of the pe r son or persons to whom the child is delivered, and if any such person is a mar r i ed woman the address and calling of her husband ; and shall for thwith fo rward notice of such removal to the Minister .
(4) Any person in charge who fails to comply wi th the provis ions of th is section shall be guil ty of an offence agains t this Act.
30. (1) F o r the purpose of making any inquiry and r epo r t unde r section twenty-eight of this Act respecting any place, or for the purpose of ensur ing tha t the pre scribed conditions and requi rements are complied with, any officer may, a t any t ime, en ter the place and inspect it and the children who a re inmates thereof; and the person in charge of the place shall afford all reasonable facilities for such inspection.
(2) I n making any inspection the officer may, if he thinks fit, be accompanied by a medical p rac t i t ioner or a police constable, or by both.
( 3 ) The Minis ter a t any t ime, by wr i t ing under
his hand, may order tha t the provis ions of this section shall not apply in any case where he is satisfied tha t i ts appl icat ion is unnecessary.
31 . (1) Where , on any inspection of a licensed place,
i t appea r s tha t any of the prescr ibed conditions or requi rements a re not complied with, the Director may give directions in wr i t ing to the person in charge to ensure a compliance with such conditions or require ments , failing which the license of such place m a y be cancelled by a court .
(2) The person in charge of any such licensed place who fails to comply with such directions shall be guil ty of an offence agains t this Act and upon conviction the license may be cancelled by a court .
( 3 ) The Court , on cancellation of the license of
any place of the na tu r e re fe r red to in p a r a g r a p h (a) of subsection one of section twenty-eight of this Act, may direct tha t any child who is an inmate of such place, be—
(a) restored to the custody of a parent; or (b)
released to the care of the Minister to be dealt with as a wa rd admit ted to S ta te cont ro l ; or
(c) released to the care of any other person.
32. The person in charge of any place which is requi red to be licensed under this P a r t and is not licensed shall be liable to a penal ty not exceeding twenty-five pounds , and, where the place is a place of the na tu r e re fe r red to in p a r a g r a p h (a) of subsection one of section twenty-eight of th is Act, any child who is an inmate of such place may be removed theref rom and taken to a
shelter,
shelter, there to remain unti l a court orders him to he res tored to the custody of his pa ren t or released to the care of the Minis ter to be dealt with as a ward admit ted to S ta te control, or released to the care of any other person .
33. (1) No person shall, without a wr i t ten order of a court specifying the t e rms on which the child may be received, receive into his care any child under the age of seven yea r s to rear , nurse , or otherwise mainta in , a p a r t f rom his mother or other pa ren t , in considerat ion of the payment to such person of any sum of money or other valuable considerat ion otherwise t han by way of periodical ins ta lments . No such ins ta lment shall be pa id for more than four weeks in advance, nor exceed the sum of fifty shillings pe r week. A n y person receiving or agree ing to receive payment cont ra ry to this section shall be guil ty of an offence agains t this Act.
A court having made an order under this section shall for thwith forward a copy of the order to the Director .
(2) This section shall not app ly to the manage r or officers of any ins t i tu t ion suppor ted wholly or in p a r t by public subscript ion, or by p r iva te char i ty where such ins t i tu t ion is open to S ta te inspection, or controlled by the S t a t e ; nor to any person exempted for the t ime being from the opera t ion of this section by the Minister .
(3) The Director shall, if required, receive from anyone wishing to place a child under the age of seven years in the care of the person in charge of any place licensed under section twenty-eight of this Act, a sum of
money from which he shall make to such person such payments as may be agreed upon but not exceeding the ins ta lments specified in subsection one of this section. 34. (1) E v e r y person who receives into his care in a n y place licensed under this P a r t , any child under the age of seven yea r s to rear , nurse , or otherwise main ta in for payment shall within seven days reg is te r or cause to be reg is te red with the Director in the prescr ibed
form the par t i cu la r s prescribed. (2) Any person who fails to comply with the pro visions of this section shall be guil ty of an offence aga ins t this Act.
3 5 . (1) If the person in charge of any place licensed under this P a r t changes his place of abode, or rel inquishes the care of any child in such place, he shall for thwith forward a notice of such change or rel inquishment to the Director in the form prescr ibed.
(2) A n y person who fails to comply with this
section shall be guil ty of an offence agains t this Act.
3 6 . (1) The person in charge of any place licensed under this P a r t shall, immediately af ter the death in such place of any child requi red to be regis tered in accordance with this P a r t , give notice of such death to the officer in charge a t the neares t police s ta t ion and to the Director.
(2) Such officer in charge of police; shall make inqui ry and r epo r t to the coroner for the distr ict , or if the exigencies of the case so requi re to a just ice, whether an inquest or magis te r ia l inquiry respect ing the cause of dea th is necessary.
W h e r e by the provis ions of this P a r t any person is required to fo rward a notice to, or to effect a reg is t ra tion of pa r t i cu la r s with, the Director , such notice or pa r t i cu la r s of reg i s t ra t ion shall be in wri t ing, and, unless delivered personal ly by such person, shall be for warded by regis tered post .
3 7 .
3 8 . (1) The provis ions of this P a r t shall not apply to
an incorpora ted hospi ta l or s epa ra t e inst i tut ion within the meaning of the Publ ic Hospi ta l s Act, 1929-1937, or to a p r iva te hospi ta l licensed under the P r i v a t e Hosp i t a l s Act, 1908, or in a case where the person having the care of a child is a re la t ion by blood of the child or is a person
to whom the custody of the child has been given by any competent court or by deed or will or is a person in whose care the child has been placed by the Minis ter or by the Direc tor or an officer p u r s u a n t to P a r t V of this Act. (2) The provis ions of section twenty-nine and of sections th i r ty- three to thir ty-seven both inclusive shall not apply to or in respect of any place of the n a t u r e re fe r red to in p a r a g r a p h (b) of subsection one of section twenty-eight of th is Act.
P A R T
P A R T V I I I . LYING-IN H O M E S .
39. (1) The person in charge of a lying-in home shall keep a regis ter in which shall be entered for thwith the pa r t i cu la r s prescr ibed and shall forward to the Director within twenty-four hours af ter each b i r th in such home
| the | par t i cu la r s | prescribed. |
(2) Any person who fails to comply with the provis ions of this section shall be guil ty of an offence aga ins t this Act.
The Minister , a t any t ime in wri t ing, may order t ha t any person in charge of a lying-in home shall not be
40.
| requi red | to fo rward | the pa r t i cu la r s | prescribed. |
Any officer author ised by the Minis ter in that be half may at all reasonable t imes enter a lying-in home for the purposes of inspecting the regis ter required to be kept, and, where necessary, interviewing a mother and examining a child.
4 1 .
42 . ( t ) The person in charge of a lying-in home shall
not pe rmi t any child to be taken from such home unless in the charge of the mother of such child, wi thout first obta ining the wr i t ten consent of the Director .
(2) Any person who fails to comply with the provis ions of this section shall be guil ty of an offence aga ins t this Act.
P A R T I X .
MENTALLY DEFECTIVE CHILDREN.
43 . I n this P a r t , unless the context otherwise
| requires ,— " H o m e " means a home established under this | P a r t . |
" M e n t a l defec t iveness" means a condition of
a r r e s t ed or incomplete development or degenera tion of mind from whatsoever cause ar is ing.
" M e n t a l l y defective ch i l d " includes a child or young person (not being an insane person within the meaning of the Lunacy Act of 1898) who has been admit ted to S ta te control or committed to
the
the care of the Minis ter or committed to an insti tut ion, in whom there exists menta l defectiveness so pronounced tha t he requires supervis ion and control for his own protect ion, or for the protec t ion of others .
44 . (1) The Governor, by proclamation, may establish
and const i tute homes for the reception, detention, main tenance, education and t r a in ing of menta l ly defective children, whose cases call for segregat ion and special t r ea tment , and m a y by such proclamat ion assign any name to such home.
(2) E v e r y such home shall be inspected once a t least in every three months by an officer appointed for tha t purpose by the Minister . Such officer shall, af ter such inspection, submit to the Minis ter a r epor t deal ing
with the ma t t e r s prescribed. 45. "Where the Minis ter is satisfied by the certificates of two medical prac t i t ioners , one of whom shall be the pr incipal medical officer of the Depa r tmen t of Publ ic Ins t ruc t ion or a medical officer of tha t Depa r tmen t author ised by such pr incipal medical officer and one of whom shall be a qualified psychia t r is t , af ter s epa ra t e examinat ion, a p a r t from each other, tha t any child or young person is a mental ly defective child, the Minis ter may order tha t such child or young person be admi t t ed to a home.
46. A n y mental ly defective child admit ted to a home shall be in the care of the super in tenden t ; and such mental ly defective child, no twi ths tanding tha t he h a s a t ta ined the age of eighteen years , may be detained a t
provis ions of section forty-seven of this Act. such home unti l he is d ischarged in pursuance of the 47. (1) The Minister , on being satisfied, on medical evidence or on such other evidence (if any) as he m a y deem necessary, tha t it is no longer necessary tha t any person who has been admit ted to a home as a menta l ly defective child should be fu r ther deta ined in any home, may, by order under his hand, in the prescr ibed form, direct tha t he be discharged.
(2) W h e r e the Minis ter is satisfied on medical
evidence and on such other evidence (if any) as he maydeem necessarv, tha t any person who has been admi t ted
to
to a home as a mental ly defective child, might, in the in teres t of such person, bo released on license, he may release such person on license subject to such conditions as may be prescr ibed or as he may, in any special case, think fit.
( 3 ) Where the Minis ter is satisfied t ha t any
pe r son released on license pu r suan t to subsection two of this section has failed to comply with any of the condi t ions specified in the license, the license may be revoked by the Minister , and the Minis ter may, by order under his hand in the prescr ibed form, direct tha t such person shall be detained in a home for a fur ther period, and thereupon and without fur ther w a r r a n t any officer or employee of the Child Welfare Depa r tmen t or any mem ber of the police force may a r r e s t such person and convey h im to the home specified in the order to bo there received and detained until the Minister otherwise directs .
4 8 . The super intendent of a home, and every officer or other employee of such home author ised in wr i t ing by the super intendent , for the purpose of conveying any person who has been ordered to be admit ted to a home as a mental ly defective child, to or from the home, or of apprehending him and br inging him back to the home in case of his escape and refusal to re turn , shall, for tha t purpose and while engaged in tha t duty, have all the powers , immunit ies , and privi leges of a police constable.
P A R T X. INSTITUTIONS.
4 9 . The Governor may, by proclamation, establish
| and | const i tute , as ins t i tu t ions unde r | this | Act,— |
(a)
shelters for the reception and t e m p o r a r y deten tion and maintenance of children or young p e r s o n s ;
(b)
schools for the reception, detention, mainten ance, discipline, education and t r a in ing of children and young persons committed to such ins t i tu t ions ,
a n d may assign a name to such ins t i tu t ions .
E v e r y such inst i tut ion shall be controlled by the Minis ter and shall be inspected once a t least in every three months by an officer appointed for tha t purpose by. the Minister . Such officer shall, af ter such inspection, submit to the Minis ter a r epor t deal ing with the m a t t e r s prescr ibed.
5 0 .
5 1 . (1) An order commit t ing a child or young person
to an inst i tut ion, duly endorsed as provided in section ninety- three of this Act, or an order made under sub section one of section ninety-four of this Act, duly endorsed as provided in t ha t subsection, or a direction in wr i t ing signed by the Minis ter for the t rans fe r of a child, young person or person from one inst i tut ion to another , shall be forwarded to the super in tendent and shall be sufficient w a r r a n t in respect of the child, young person or person named there in—
(a)
to convey him to the institution specified in the endorsement on the o rde r ; or
(b)
to transfer him from one institution to another in accordance with the direction of the Minis te r ; or
(c)
to detain him in the institution specified in the endorsement on the o rder or specified in the direction of the Minister , as the case may be.
(2) The product ion of—
(a) any such order so endorsed; or
(b) a copy of such order so endorsed with a memo
r a n d u m p u r p o r t i n g to be signed by the super in tendent of any such inst i tut ion, s t a t ing t ha t the child, young person or person named
in such o rder was duly received into, and is a t the t ime of s igning thereof detained in such inst i tut ion, or has been otherwise disposed of. according to l aw; or
(c)
any order made under this Act, or a copy thereof p u r p o r t i n g to be signed by the clerk of the cour t a t which the same was made and certified by him to be a correct copy; or
(d)
a copy of any such direction of the Minister pur por t ing to be signed by the super in tendent and certified by him to be a correct copy,
shall,
shall , wi thout proof of s igna ture of the person pur p o r t i n g to have signed the same, be evidence in all cour ts and proceedings—
(i) of the due making and signing of any such order , memorandum, or certificate; and
(ii) of the committal, detention, and identity of the child, young person or person named in any such order , memorandum, or certificate; and
(iii) of any other ma t t e r s s ta ted in such order.
5 2 . All children, young persons or persons com mi t ted to, or inmates of, an inst i tut ion shall be in the custody and under the control of the super in tendent of the ins t i tu t ion unt i l they a t t a in the age of eighteen
| years , or a re discharged, t r ans fe r red | from | the | inst i tu |
| tion, apprent iced or placed-out: |
P rov ided tha t a child or young person committed to an inst i tut ion or a person t r ans fe r red to an inst i tut ion shall, no twi ths tanding tha t he has a t ta ined the age of eighteen years , be detained there in unti l the expira t ion of the period, if any, named in the order of committal , or in the order direct ing his t ransfer , as the case may be, or unti l he is lawfully discharged, t r ans fe r r ed from the inst i tut ion, apprent iced, or placed out.
5 3 . (1) The Minister , with respect to any child,
young person or person who has been committed or
| t r ans fe r red | to or is an inmate of any | ins t i tu t ion— |
(a) shall determine the par t i cu la r inst i tut ion in which the child, young person or person shall
be placed and de ta ined;
(b) may t r ans fe r a child, young person or person
from one inst i tut ion to ano the r ;
(c)
may remove a child or young person (other than a child or young person who has been committed 1o an ins t i tu t ion for a specified te rm) from an ins t i tu t ion and apprent ice him, board him out, place him out, or place him as an adopted boarder .
| (2) No w a r d who has not been committed to an ins t i tu t ion by a court shall be placed in or t r ans fe r r ed | to |
| a n ins t i tu t ion | set a p a r t | for | the reception, | detention, |
| maintenance , | discipline, | education | and | t ra in ing | of |
juvenile offenders.
54. (1) The Governor may discharge from any insti tut ion any child or young person who has been com mit ted to an ins t i tu t ion for a specified t e rm and res tore him to the custody of his pa ren t or other suitable person absolutely or on such t e rms and conditions as he may deem desirable.
(2) The Minis ter may discharge from any inst i tu t ion any child or young person who has been committed thereto but has not been so committed for a specified t e rm and res tore him to the custody of his pa ren t or o ther suitable person absolutely or on such t e rms and conditions as may be prescribed or as he may, in any special case, deem desirable.
55. If any person t r ans fe r red to an inst i tut ion pur suant to section ninety-four of this Act, or any ward , absconds or is absent from an ins t i tu t ion without the leave of the super intendent , any officer or employee of the Child Welfare D e p a r t m e n t or any constable m a y apprehend and convey him to such inst i tut ion to be delivered into the custody of the super in tendent thereof.
P A R T X I .
P U N I S H M E N T OF INMATES IN INSTITUTIONS.
56. (1) I n this P a r t , unless the context otherwise requi res—
" I n m a t e " means a child or young person com
mit ted to an inst i tut ion by a court , or placed in an inst i tut ion by direction of the Minis ter in pursuance of the provis ions of section twenty- one of the Child Wel fa re Act, 1923, and any person committed or t r ans f e r r ed to an inst i tu tion in pursuance of this Act. (2) The super in tendent of any inst i tut ion shall
invest igate complaints touching any of the following acts
of misconduct by any i nma te :—
(a) disobedience of the rules of the ins t i tu t ion;
(b)
assaults by one inmate upon another where no dangerous wound or bruise is g iven;
(c)
(e) insult ing, ooscene, indecent, or profane w o r d s ;
(d)
threatening words to an officer, instructor, or i nma te ;
(e)
indecent behaviour, not amounting to an indict able offence;
(f) i r r everen t behaviour a t or dur ing divine service or (gj idleness or negligence in work or wilful mis
p r a y e r ;
management of w o r k ;
(h) lying or pe t ty th ieving;
(i) conduct to the prejudice of good order and discipline.
(3) W h e r e any inmate is found guil ty of any of the ac ts of misconduct refer red to in subsection two of th is section, the super in tendent may order one or more of the following methods of punishment :—
(i) forfeiture of rewards or privileges, forfeiture or reduct ion of s ta tus or t empora ry loss of rec rea t ion ;
(ii) alteration of meals for a period not exceeding two days—provided tha t any such a l tera t ion shall be within the limits of a special d ie ta ry scale approved by the Di rec to r ;
.'iii) isolated detent ion from other inmates in a room constructed for the purpose—
(a) in the case of an inmate over the age of fourteen years and under the age of six teen years—for any period not exceeding
twenty-four h o u r s ; (b) in the case of an inmate of or over the
age of sixteen years—for any per iod not
exceeding forty-eight h o u r s ; (iv) fatigue duty for any period not exceeding seven d a y s ;
(v) physical exercises, with proper rests, under the supervision of an officer or ins t ruc tor for a period not exceeding th i r ty minutes on any one day, and not extending beyond a total per iod of
seven d a y s ; (vi) corporal punishment, not exceeding a maximum of three strokes on each hand.
(4)
(4) E v e r y effort shall be made to enforce discip
line wi thout the use of corporal punishment .
( 5 ) Pun i shment by way of isolated detention shall
be used only in exceptional cases, and subject to the fol
lowing condi t ions :— (a) no inmate undev fourteen years of age shall be
placed in isolated de ten t ion ; (b) the room used for the purpose shall be light
and a i ry and kept dimly l ighted af ter n ight fa l l ; (c)
some form of useful occupation shall be pro vided ;
(d)
some means of communication with a member of the staff shall be p rov ided ;
(e)
if the isolated detention is to be continued for more than twenty-four hour s the circumstances
shall immediately be r epor ted to the Di rec to r ; (f)
no inmate shall be placed in isolated detention for two or more consecutive per iods in any one for tnight .
(6) Corpora l punishment shall be subject to the
following condi t ions:— (a) it shall be inflicted only with a cane of a form
and kind approved by the Min i s te r ; (b)
it shall be inflicted by an officer or instructor appoin ted by the super in tendent and in his p resence ;
(c)
it shall not be inflicted in the presence of other inmates .
(d) it shall not be inflicted on any inmate who is of or above the age of sixteen years . (7) "Where any male inmate is charged with any of the offences enumera ted in subsection one of section fifty-seven of th is Act, the super in tendent—
(a) shall inquire into and decide whether the inmate
is or is not gu i l ty ; (b)
may, in the case of any inmate, order any one or more of the methods of punishment enumera ted in p a r a g r a p h s (i) to (v) inclusive of subsection three of this sect ion; and
(c)
(c)
may, in the ease of an inmate under the age of sixteen years , in addi t ion to, or in lieu of any other method of punishment , direct tha t the inmate be subjected to corporal punishment , not exceeding a max imum of three s trokes on each hand.
The powers conferred by this subsection may be exer cised in respect of—
(i) an inmate under the age of sixteen y e a r s ;
(ii) an inmate of or over the age of sixteen years where the Director has notified the super inten dent tha t it is not advisable tha t such inmate should be taken before a court, but no such in mate shall be subjected to corpora l punishment .
( 8 ) Where any punishment (other than forfei ture
of r ewards or privileges, forfei ture or reduction of status^ t e m p o r a r y loss of recreat ion and punishments imposed by a school teacher in respect of minor discipl inary miscon duct in school) is ordered the super in tendent shall record
pa r t i cu la r s thereof in the punishment book. The punishment book shall be in or to the effect of the
form prescr ibed. ( 9 ) Striking - , cuffing, shaking, or any other form of physical violence, other than t ha t permi t ted by this Act, or under the genera l rules of law, is prohibi ted.
A school teacher for minor discipl inary misconduct in school may adminis ter , with a cane, not more than two strokes on each hand.
No inmate shall be punished by being dosed with medicine or any o ther substance. No inmate shall be punished by being compelled to hold himself in a constrained or fa t iguing position.
No inmate , wi thout legal justification or excuse, shall be handcuffed or otherwise forcibly res t ra ined.
No inmate shall be allowed to adminis ter any form of punishment to any other inmate .
(10) In the case of an inmate with any physical or
menta l disabili ty, corporal punishment shall not be
ordered
ordered or inflicted unless a medical officer has sanc tioned the infliction of corporal punishment on such in ma te ei ther general ly or in any par t i cu la r case, but the super in tendent of the ins t i tu t ion may order any one or more of the methods of punishment enumera ted in pa ra g r a p h s (i) to (v) inclusive of subsection three of this section.
(11) The following provisions shall have effect
with respect to the punishment of female inmates—
(a) in the case of any female inmate, any one or more of the methods of punishment enumera ted in p a r a g r a p h s (i) to (v) inclusive of subsection three of this section may be o rde red ; (b) in the case of any female inmate under the age of fifteen years , any one or more of the methods of punishment enumera ted in p a r a g r a p h s (i) to (vi) inclusive of subsection three of this section may be ordered. (12) Except as au thor ised in this P a r t , the super in tendent of an ins t i tu t ion shall not impose or in flict or allow any officer or ins t ruc tor to impose or inflict any punishment for acts which consti tute an offence punishable summar i ly or on indictment.
5 7 . (1) W h e r e any inmate of or over the age of sixteen yea r s is charged with—
(a) gross insubord ina t ion ; or (b) a t t empted absconding; or
(c) wanton destruction, damage or disfigurement of
any government p r o p e r t y ; or (d) assaulting an officer or instructor or a member of the domestic staff; or
(e) cruelly maiming, wounding, or injuring any
an ima l ; or (f) persistent neglect or refusal to conform to the
rules o r rout ine of the ins t i tu t ion ; or (g) inciting other inmates to neglect or refuse to conform to such rules or rout ine , he shall, subject to subsection four of this section, as soon as pract icable , be taken before a mag i s t r a t e s i t t ing as and const i tu t ing a chi ldren ' s court, who shall hear and deter
mine the ma t t e r .
(2)
(2) If the mag i s t r a t e finds tha t the charge is
proved, he may—
(a)
order the offender to be punished by any one or more of the methods of punishment enumerated in p a r a g r a p h s (i) to (v) inclusive of subsection three of section fifty-six of this Ac t ; or
(b)
order the offender to be punished by isolated detention within the inst i tut ion for any t e rm not
exceeding seventy-two h o u r s ; or (c)
order that the offender be detained for a speci fied t e rm in a pr ison and kept to ha r d labour for any per iod not exceeding three months and direct that , on the expira t ion of the period of detention, the offender be r e tu rned to his former custody.
( 3 ) If dur ing the hea r ing any serious i r regular i ty ,
misconduct or i l l - t reatment by any officer or ins t ruc tor be admi t ted or proved, the mag i s t r a t e shall fo rward a
r epor t to the Minis ter set t ing out the ma t t e r s admit ted or proved. (4) W h e r e an inmate of or over the age of six teen yea r s is charged with any of the offences enumer a ted in subsection one of this section the Director may if he deems it advisable in the in teres ts of such inmate tha t such inmate should not be taken before a court notify the
super in tendent accordingly.
P A R T X I I .
MAINTENANCE OF CHILDREN BY THEIR RELATIVES.
5 8 . In this P a r t , unless the context otherwise
requi res— " Near re la t ive "
means—
(a)
in the case of a lawful child—father, mother , step-father, and s tep-mother ;
(b) in the case of an i l legit imate child—
(i) a person admitting himself to be or adjudged by a cour t to be the
f a the r ; (ii) (ii) the husband of the mother of such child where the child was born be fore his m a r r i a g e to such mo the r ; and
(iii)
the m o t h e r ;
(c) in the case either of a lawful or an ille g i t imate child, any pe r son (other than the persons re fer red to in p a r a g r a p h s (a) and (b) of this section) who is by law liable to main ta in the child, including an adopt ing pa ren t or a gua rd i an but not including any other person whose liability for such maintenance is occasioned by or unde r this Act. 5 9 . (1) W h e r e any child is a w a r d or where an order
has been made by a court, commit t ing a child—
(a) to the care of any pe r son ; or (b) to the care of the Minister ,
to be dealt with as a wa rd admi t ted to S ta te control the n e a r relat ives shall be liable to pay , or contr ibute towards his maintenance, according to thei r several abilities, and in the order of p r io r i ty set out in subsection two of this section.
(2) The order of p r io r i ty in which n e a r relat ives
shall be liable under subsection one of this section to p a y
or contribute shall be as follows, namely :—
(a) in the case of a lawful child—
(i) first, the fa ther of such child;
(ii) second, the s tep-father of such chi ld;
(iii) th i rd , the mother of such chi ld; (iv) fourth, the s tep-mother of such chi ld;
(v) fifth, the near relative of such child
re fer red to in p a r a g r a p h (c) of section fifty-eight of this A c t ;
(b) in the case of an i l legit imate child—
(i) first, the person admitting himself to be or adjudged by a court to be the fa ther of such chi ld;
(ii) second, the husband of the mother of such child where the child was born
before his m a r r i a g e to the m o t h e r :
(iii)
(iii) th i rd , the mother of such child;
(iv) fourth, the near relative of such child
re fer red to in p a r a g r a p h (c) of section fifty-eight of this A c t :
P rov ided tha t the person refer red to in s u b p a r a g r a p h
( i i ) of p a r a g r a p h (b) of this subsection shall not be liable to p a y or contr ibute towards the maintenance of an i l legit imate child of his wife in any case where he satisfies the cour t tha t , at the t ime of his mar r i age , he was not
| a w a r e of the child 's | existence. |
( 3 ) The court may a t any t ime while the child
remains a wa rd or dur ing the currency of the order of committal on complaint by the Minis ter or any officer author ised in tha t behalf by the Minister , or by the person to whose care the child has been com mit ted, inquire into the ability of any of the nea r re lat ives to main ta in or contr ibute to the maintenance of t he child, amd—
(a)
shall make an order (in this Part referred to as a "con t r ibu t ion o r d e r " ) for the payment by such one or more of the nea r relat ives concern ing whose ability to main ta in or contr ibute to the maintenance of the child the inquiry was made as may be specified in th.3 order of a reasonable sum towards the future maintenance of such child; or
(b)
shall certify that none of the near relatives concerning whose abili ty to main ta in or con t r ibu te to the maintenance of the child the inquiry was made is able to main ta in or con t r ibute to the maintenance of the said child.
| The issue of such certificate shall not prejudice the r igh t of the Minister or any officer author ised by the Minis ter in tha t behalf or any person to whose care the child has been committed, at any t ime, to make a fur ther appl icat ion to a court under this section for a contribu | |
| t ion | order . |
(4 ) The following provis ions shall have effect
with respect to every contribution order :—
(a)
The court shall, in making any contribution order , have r ega rd to the order of p r io r i ty in which the nea r relat ives are liable to main ta in or contr ibute to the maintenance of the child.
+.1145—G (b)
(b)
In the fixing of the sum to be paid by any one or more of the near relat ives, the court shall have r e g a r d to the abil i ty of the nea r relat ive or n e a r re lat ives agains t whom the order is made to main ta in or contr ibute towards the maintenance of the child.
(c)
Where a contribution order is made against two or more nea r relat ives the court may, in and by the contr ibution order , declare tha t the sum specified in the contr ibut ion order shall be paid by the n e a r relat ives specified there in jointly and severally or tha t specified p a r t s of tha t sum shall be pa id severally by specified n e a r relat ives as to the cour t may seem fit, but so tha t such persons shall not be liable to pay a g rea t e r amount pe r week in the aggrega te in respect of any one child than appea r s to the court to be reasonable.
(5) A contr ibut ion order agains t a near relat ive may be made, in the case of a child who is a ward , a t the t ime he becomes a w a r d or a t any t ime thereaf ter and, in any other case a t the t ime of making the order of
committal or a t any t ime thereaf ter . P rov ided tha t where an o rder of committal is made no such contr ibut ion o rder shall be made unless the n e a r re la t ive consents, or has been afforded an oppor tun i ty to show cause why such an o rder should not be made .
W h e r e an o rde r of committal is made , if the nea r rela
tive so desires the hea r ing so far as the same re la tes to
a fu ture da te to be determined by the court . the making of a contr ibut ion order shall be adjourned to (6) W h e r e the child has been committed to the care of any person, contr ibut ions under the contr ibut ion order shall be paid to t ha t person, to be applied by him in or towards the maintenance or otherwise for the benefit of the child.
(7) W h e r e the child is a wa rd or has been com mit ted to the care of the Minister , or to an inst i tut ion, the contr ibut ions unde r the contr ibut ion o rder shall be paid to the Minister .
(8)
( 8 ) A contr ibution order shall, subject to this
P a r t , remain in force in the case of a child—
(a) committed to the care of any person—until the expirat ion of the period of time for which he is so committed or unt i l he a t t a ins the age of
sixteen years whichever first h a p p e n s ; (b) committed to the care of the Minister—until he a t ta ins the age of sixteen yea r s or unt i l his
ear l ier discharge from cont ro l ; (c)
commit ted to an ins t i tu t ion—unti l his discharge
from such ins t i tu t ion or unt i l he a t ta ins the age of sixteen years whichever first h a p p e n s ; (d) who is a ward—until he attains the age of six
teen yea r s . 6 0 . (1) If i t a p p e a r s to a court , on complaint by the
Minis ter or any officer author ised by the Minister in tha t
behalf, tha t any nea r relat ive is of abil i ty to contr ibute
towards the pa s t maintenance of a w a r d or of a child committed to the care of the Minis ter to be deal t with as a wa rd admi t ted to S ta te control or of an ex-ward or of a person who was a child so committed but who has been d ischarged from such care, the court may o rde r such near relat ive to pay to the Minis ter a reasonable sum by ins ta lments or otherwise as the court directs as reim bursement of moneys paid for the pas t maintenance of the ward , child, ex-ward or person whether or not such ward , child, ex-ward or person be alive a t the t ime of the h e a r i n g :
Provided tha t no such order shall be made agains t a
| person | referred | to in s u b p a r a g r a p h | (ii) | of p a r a g r a p h | (b) |
| maintenance of an i l legit imate child of his wife in any | of section fifty-eight of this Act in respect of the pas t |
| case where he satisfies the cour t tha t , a t the t ime of his mar r i age , he was not aware of the child 's existence. | |
| (2) The provis ions of this section shall apply where moneys have been expended in allowances to rela tives under section twenty-seven of this Act as if such moneys were moneys pa id for the pas t maintenance of a wa rd or of a child committed to the care of the Minis ter to be dealt with as a ward admit ted to S ta te control and as if the mother , single woman or fa ther , as the case may be, |
to
to whom such allowance was pa id was the only n e a r re lat ive liable to p a y or contr ibute towards the main tenance of the child or young person.
(3) W h e r e an order unde r this section is made in respect of any nea r relat ive aga ins t whom an order has been made for payment of p re l iminary expenses o r expenses of maintenance unde r P a r t X V I of this Act, o r unde r the Child Welfare Act, 1923, or under the In fan t Protec t ion Act, 1904, or for payment of main tenance under the Deser ted Wives and Children Act, 1901-1939, the court may vary , suspend or discharge the last- ment ioned order so as to secure t ha t the said n e a r relat ive shall not pay twice for the maintenance of the same child.
(4) The Minis ter or any officer au thor ised by the
Minis ter in tha t behalf may, in addi t ion to the powerscontained in subsections one, two and three of this sec
tion, ins t i tu te legal proceedings—
(a)
against any parents for the recovery of moneys expended in the maintenance of thei r ch i ldren; and
(b) agains t the pa r en t s of i l legitimate children for the recovery of maintenance money,
and such pa ren t s shall be liable joint ly and severally.
6 1 . (1) Any order unde r th is P a r t may be enforced,
appea led from, confirmed, suspended, var ied , or dis charged in the same manne r in all respects as o rders made under P a r t X V I of this Act.
(2) W h e r e a child in respect of whose mainten
ance a contr ibut ion order has been made becomes self-supporting: the Minister or any officer author ised by the
Minis ter in t ha t behalf shall make an applicat ion unde r
subsection one of this section—
(a)
in any case where contributions under the order a re pa id to the Minis ter—as soon as pract icable
after the child becomes se l f -suppor t ing; (b)
in any other case—as soon as practicable after the Director receives the notice re fer red to in subsection three of this section.
(3) W h e r e contr ibut ions unde r a contr ibut ion
order a re pa id to any person other than the Minis ter such person shall as soon as pract icable af ter
the
the child in respect of whom the contr ibut ions are pa id becomes self-support ing give notice in wr i t ing of the fact to the Director, and any such person who wilfully neglects to give such notice shall be guil ty of an offence agains t this Act.
A magis t r a t e or court may, upon complaint by the Minis ter or any officer author ised by the Minister in tha t behalf or by the person to whose care a child has been committed that any person has absconded or is about to abscond from New South Wales to evade the provisions of this P a r t or compliance with a contr ibut ion order , issue
6 2 .
| a w a r r a n t for | the a r r e s t | of such | person. |
6 3 . A complaint may allege tha t a p a r e n t or other nea r relat ive is able to main ta in or contr ibute towards the maintenance or pas t maintenance of two or more wards or children. Any order made on such complaint shall specify the amount payable in respect of each ward or child.
6 4 . (1) On complaint in wr i t ing on oath being made
| to | a mag i s t r a t e | or | court | aga ins t | any | p a r e n t | or | other |
n e a r relat ive under this P a r t , such magis t r a t e or court may summon such pa ren t or other near relat ive to appea r before a court to answer such complaint .
(2) Any summons under this P a r t shall be served on the defendant a t least fourteen days before the day appointed for the hea r ing of the complaint .
P A R T X I I I .
EMPLOYMENT OF CHILDREN.
6 5 . (1) A wr i t ten license au thor i s ing a male child
to engage, subject to the regulat ions , in a specified descr ipt ion of s t reet t r ad ing may be issued by the Minis ter—
(a) to any male child of or over the age of fifteen
y e a r s ; or (b)
to a male child under the age of fifteen years but of or over the age of fourteen years , where the Minis ter is satisfied that , in the case of such child, special c i rcumstances exist which render the issue of the license necessarv or desirable.
(2)
(2) Such license shall be delivered to the child with a badge to be worn by him as prescr ibed dur ing such t r ad ing .
( 3 ) Such license shall not be issued unless it is
shown tha t the mora l or mater ia l welfare of the child will
not suffer by such t rad ing .(4) E v e r y license shall be g ran ted for a per iod not exceeding twelve months and shall t e rmina te on the th i r t ie th day of J u n e in each year , bu t may be renewed from time to t ime, and may at any t ime be cancelled by
1 4 3 . (1) If any ward is a t the date he becomes a wa rd or at any t ime af ter such date becomes entit led in possession to any land the Public Trus tee shall, by v i r tue of this Act, have the management and control of such land and may apply the whole or any p a r t of the income therefrom or the whole or any p a r t of the p ro ceeds of the real isa t ion thereof for the maintenance and benefit of the ward .
(2) The Public Trus tee shall have and may exercise in respect of such land the same r igh ts and powers as if such land formed p a r t of an in tes ta te es ta te of which he was duly appointed the admin i s t r a to r and as if such land were the share of the wa rd in such estate.
| (3) This section shall, in the case of any ward who becomes a w a r d a t the commencement of this Act, extend to and in respect of any land to which such ward | was entit led in possession immediately before or becomes | enti t led in possession a t any t ime af ter such commence |
| ment . | ||
| 1 4 4 . (1) Any officer au thor ised by the Minis ter in t ha t behalf may, a t any time, order tha t any child or young person admit ted to an establ ishment unde r the control of the Minis ter be examined to determine his medical, physical or menta l character is t ics or defects. | ||
| (2) The Minis ter or any officer specially autho r ised by the Minis ter in tha t behalf no twi ths tand ing the objection of any p a r e n t of a ward , may consent to any |
surgical
surgical or o ther opera t ion which he is advised by a medical prac t i t ioner is necessary in the in teres ts of the heal th or welfare of the ward .
1 4 5 . (1) If it be made to a p p e a r to any mag i s t r a t e or just ice, on informat ion laid before him on oath, tha t there is reason to believe tha t any pe r son is offending agains t the provis ions of this Act in any house, building or place, or tha t any of the provis ions of this Act a r e being infr inged in any house, building or place, such mag i s t r a t e or just ice m a y issue his w a r r a n t au thor i s ing any officer or constable of police named there in to search if need be by force, any house, building or place there in named, a t any hour of the day or night , for the purpose of ascer ta in ing whether there is or has been therein or thereon an infr ingement of the provis ions of this Act.
(2) Such officer or constable may be accom
panied by—•
(a) a medical prac t i t ioner , or
(b) the person giving the information if such person
so desires, unless the mag i s t r a t e or just ice
otherwise directs .
1 4 6 . (1) Whenever it appea r s to any mag i s t r a t e or justice, on informat ion made before h im on oath by any person who, in the opinion of the m a g i s t r a t e or justice, is bona fide act ing in the in te res t of any child or young person, tha t there is reasonable cause to suspect tha t such child or young person is a neglected child within the meaning of P a r t X I V of th is Act, or has been or is being i l l - treated or neglected in a
manne r likely to cause the child or young person unnecessary suffering, or to be in jur ious to his health or welfare, such mag i s t r a t e or just ice may issue a w a r r a n t au thor i s ing any constable of police or any officer named there in to search for such child or young pe r son ; and to take him to and detain him in a place of safety unt i l he can be brought before a cou r t ; and the court before whom the child or young person is b rought may commit the child or young pe r son to the care of some person named by the court , or make such other o rder as to the care of the child or young person as the cour t may think fit.
(2)
(2) The mag i s t r a t e or just ice issuing such
w a r r a n t may, by the same w a r r a n t , au thor i se the appre hension of any person accused of any offence in respect of the child or young person.
(3) Any person author ised by w a r r a n t unde r
th is section to search for any child or young person, and to take him to and deta in him in a place of safety, may enter (if need be by force) any house, building, or other place specified in the wa r r an t , and may remove the child or young person therefrom.
(4) E v e r y w a r r a n t issued under this section
shall be addressed to and executed by any constable of police or any officer named the re in ; and he may be accompanied by—
(a) a medical p rac t i t ioner ; or
(b) the person giving the information if such person
so desires, unless the mag i s t r a t e or justice other
wise directs .
(5) I t shall not be necessary in any w a r r a n t issued under this section to name any pa r t i cu la r child or young person.
1 4 7 . Upon complaint made by any officer au thor ised by the Minister in tha t behalf tha t any person with whom any w a r d has been placed out is not observing or perform ing the conditions of the agreement or is unfit to have the fu r the r care of such ward , any mag i s t r a t e or just ice may call upon such person to answer such complaint, and on proof thereof a court may order such agreement to bo t e rmina ted and may direct the wa rd to be sent to a place of safety or to a depot, home or hostel pending
| a r r angemen t s | for | fu r ther | employment. |
| 1 4 8 . (1) Any person, whether or not the pa ren t of the child or young person, who without reasonable excuse neglects to provide adequate and p rope r food, nurs ing , clothing, medical aid, or lodging for any child or young person in his care shall be gui l ty of an offence aga ins t this Act. |
(2) Any person who—
(a) i l l- treats, t e r ror i ses , overworks, or injures any w a r d ;
(b)
counsels, or causes or attempts to cause, any ward to be wi thdrawn or to abscond from any
ins t i tu t ion
ins t i tu t ion or from the charge of any person with whom such ward is boarded-out , placed-out, or apprent iced, or placed as an adopted boarder , or to escape from his p rope r custody, or to be or to remain absent wi thout leave, from his p rope r cus tody;
(c)
knowing any ward to have so withdrawn or to have so absconded or escaped or to be so absent ha rbour s or conceals such w a r d or prevents him
from re tu rn ing to such ins t i tu t ion or p e r s o n ; (d) hav ing the care of any wa rd—
(i) illegally discharges or dismisses or a t t empt s to d ischarge or dismiss him from a home established under P a r t I X
of this Act or from an ins t i tu t ion ; (ii) illegally detains him in a home estab lished under P a r t I X of this Act or in
an ins t i tu t ion ;
(iii) neglects h im;
(iv) does not well and truly observe, perform, and keep all the covenants , condit ions, and agreements contained in any inden tu re or agreement entered into by h im respect ing any ward , and which by such indenture or agreement he has bound
himself, or agreed, to observe, pe r form
or keep,
shall be gui l ty of an offence aga ins t this Act.
1 4 9 . (1) Any person who assaul t s , i l l - t reats , or exposes any child or young person, or causes or p rocures
any child or young person to be assaul ted, i l l - t reated or
exposed, if such assaul t , i l l - t reatment or exposure has resulted, or a p p e a r s likely to resul t , in bodily suffering or pe rmanen t or serious in ju ry to the heal th of such child or young person shall be guil ty of an offence aga ins t this Act.
(2) The same informat ion or summons m a y charge any pe r son with the offences of assaul t , i l l- treat ment or exposure, toge ther or separa te ly , and may charge him with commit t ing all or any of these offences in such manne r t ha t bodily suffering or pe rmanen t in jury to the
heal th
heal th or serious in jury to the heal th of such child or young person has resul ted or appea r s likely to result , a l te rna t ive ly or together , but when those offences a r e charged together the person charged shall not, if he is convicted, be liable to a separa te penal ty for each.
1 5 0 . Whosoever , wi thout the au thor i ty or permiss ion
of the Minister or of the Director or of the super inten dent, ma t ron or officer in charge of an inst i tut ion, shelter, depot , hostel, or home, as the case may be, holds or a t t empt s to hold any communication with any inmate , or en te r s any inst i tut ion, shelter, depot, hostel or home, or any promises belonging there to or used in connection therewith , and does not depa r t theref rom when required so to do by the super intendent , ma t ron , or officer in charge of such inst i tut ion, shelter, depot, hostel or home, or, af ter being forbidden by the Minis ter or by the Director or super intendent , ma t ron or officer in charge, a s the case may be, so to do, holds or a t t empts to hold any communication directly or indirect ly with any in ma te shall be gui l ty of an offence aga ins t this Act.
1 5 1 . Any person who, in any applicat ion under th is Act, makes any wilfully false s ta tement as to his pro p e r t y or income, or as to the income, p rope r ty , or earn ings of any member of his family shall be guil ty of an offence against this Act.
1 5 2 . (1) Any person who imposes or endeavours to impose upon the Minis ter or any officer or employee of the Child Welfare Depa r tmen t by any false or f raudulent represen ta t ions with a view to obtaining money or any e the r advan tage shall be guil ty of an offence agains t this
| Act. (2) Any person who, in respect of any child, | receives and re ta ins any money p u r p o r t i n g to be pa id |
| under the provis ions of P a r t V or P a r t V I of this Act, af ter he has become disenti t led by any cause wha tever to receive any such payment , shall be guil ty of an offence aga ins t this Act. | |
| (3) Any person who h inders or obstructs any officer or employee of the Child Welfare Depar tmen t in the exercise of his du ty under this Act shall be guil ty of an offence aga ins t this Act. |
1 5 3 . (1) If any person—
(a) makes any false r ep resen ta t ion ; or (b) forges any certificate; or (c) makes use of any forged certificate knowing it to be forged, with intent to obtain the issue of a license, e i ther to such person, or to any other person, unde r this Act, he shall be guil ty of an offence aga ins t this Act.
(2) Any person who—
(a) falsifies any register kept in pursuance of this
Ac t ; or (b)
furnishes false pa r t i cu la r s of any m a t t e r which is requi red to be entered in such regis ter ,
shall be guil ty of an offence aga ins t this Act.
1 5 4 . Any person, not being an officer or employee of the Child "Welfare Depar tmen t , who, for any f raudulent pu rpose—
(a)
assumes or uses the designation of officer, or inspector, or falsely represen t s himself to be officially associated in any capacity with the
Child Welfare D e p a r t m e n t ; or (b)
uses any designation which he previously held in the said Depar tment ,
shall be guil ty of an offence aga ins t this Act.
1 5 5 . If any person shall, dur ing any proceedings before a court, be guil ty of contempt, such person may be punished in a summary way by such court by a fine not exceeding five pounds or by impr isonment for a per iod not exceeding ten days .
to take away or affect the r igh t of any pa ren t , teacher , or 1 5 6 . Nothing in this Act contained shall be construed o ther person having the lawful care of a child or young person, to adminis te r punishment to such child or young
person.1 5 7 . W h e r e a person is charged with an offence aga ins t this Act for which he is also punishable under any other Act or a t common law he m a y be prosecuted and punished ei ther under this Act or under any other Act, or a t common law, but no person shall be punished twice for the same offence.
1 5 8 . (1) No suit or action shall lie against the Minister or any officer or employee of the Child Welfare Department for or on account of any-act, matter or thing done or commanded to be done by him, and purporting to be done for the purpose of carrying out the provisions of this Act, if the Minister or the officer or employee has acted in good faith and with reasonable care.
(2) No such suit or action as aforesaid shall bo commenced but within six months after the alleged cause of action, or, in the case of a suit or action by a person who has been a ward, but within six months next after the absolute discharge of such ward, or, in the case of a suit or action by a person who has been trans ferred to an institution pursuant to section ninety-four of this Act, but within six months next after the dis charge of such person.
(3) Proceedings in such suit or action as afore said may, on application to the court in which such suit or action was commenced, be stayed upon such terms as to costs or otherwise as the court may think fit, if the court is satisfied that there is no reasonable ground for alleging want of good faith or reasonable care, or that the suit or action was commenced after the expiration of the six months aforesaid.
1 5 9 . The expenses incurred in respect of the adminis tration of this Act shall be defrayed from such moneys as Parliament shall appropriate for that purpose, and if there are no such moneys available, such expenses shall be defrayed out of the Consolidated Revenue Pund by warrant under the hand of the Governor directed to the Colonial Treasurer.
| The said Treasurer shall pay out of the said fund only such charges as are certified to be correct under the hand of the Minister and countersigned by the Director, and all payments in pursuance of such warrants shall be credited to the said Treasurer, and the receipt of the person to whom the same are paid shall be his discharge in respect of the sum therein mentioned in the passing of his accounts. All payments made under any such warrant shall be recouped out of the vote for the purpose of this Act so soon as there are sufficient funds to the credit of such vote. |
1 6 0 . The Minister shall furnish a report to Parlia ment every year on the working of this Act.
PART XVIII . REGULATIONS.
1 6 1 . (1) The Governor may make regulations not inconsistent ivith this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular and without prejudice to the generality of the foregoing provisions may make regulations with respect to—
(a)
the duties, powers, and authorities of officers, employees and other persons engaged in the administration of this Act;
(b)
the management, control, and supervision of institutions, shelters, depots, homes and hostels;
(c)
the custody, maintenance, education, religious instruction, recreation, employment, boarding- out, placing-out, placing as adopted boarders, and apprenticing of wards; the visitation of such wards; the discipline of such wards; wages and rewards of such wards; the management and control of the property of such wards; and the after care of discharged wards;
(d) records to be kept at and reports to be made from institutions, shelters, homes, depots and hostels; (e)
the form and contents of agreements, appoint ments, apprenticeship articles, authorities, com plaints, licenses, notices, orders, summonses, and all other instruments and documents, and the mode of executing, serving or delivering the same;
(f)
the fees to be paid in respect of matters arising under this Act;
(g)
(g)
the free transport on all Government railways of wards, inmates of establishments controlled by the Child Welfare Department, together with their attendants (if any), and of ex-wards pro ceeding from such establishments to their homes or to places of employment;
(h)
medical, dental and nursing attention to any ward;
(i) the rates of payment to foster parents;
(j) the rates of allowances which may be granted under Par t VI of this Act; (k) the inspection of places licensed under Part VII of this Act; (1) the conditions subject to which children may engage in street trading or be employed for any of the purposes referred to in Par t XI I I of this Act;
(m) the conditions governing the release on proba tion or release on license or the committal to the care of any person or the discharge of children or young persons and the visitation, inspection, education, religious instruction, recreation, employment and after care of such children or young persons; (n) the liabilities of persons in respect of the welfare of children or young persons who are appren ticed, boarded-out, placed-out, placed as adopted boarders, committed, released on probation or released on license or released conditionally to them; (o) prescribing the methods of punishment which mates as defined in section fifty-six of this Act) may be imposed upon persons (other than in
who are detained in establishments controlled by
the Child Welfare Department;
(p)
the time and manner in which any act, matter, or thing required by this Act to be done or per formed, but with respect to which this Act does not prescribe such time or manner, is to be done or performed.
(2) The regulations may impose penalties not
exceeding thirty pounds for any breach of the regulations.
(3)
(3) All regulations shall—
(a) be published in the Gazette;
(b) take effect from the date of publication or from a later date to be specified in the regulations; and (c) be laid before both Houses of Parliament with in fourteen sitting days after publication if Parliament is in session, and if not, then within, fourteen sitting days after the commencement of the next session. If either House of Parliament passes a reso lution of which notice has been given at any time within fifteen sitting days after such regu lations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease lo have effect.
PART XIX.
ADOPTION' OF CIIILDREX.
1 6 2 . In this Part , unless the context otherwise re quires—
" Adopted child " means person in respect of whom an order of adoption has been made.
•"Adopting narent " means any person who by an order of adoption under the provisions of this Par t has adopted a child or other person, and in case of any such order being made in favour includes both husband and wife. of a husband and wife on their joint application,
i t Court " means Supreme Court in its equitable jurisdiction. 1 6 3 . ( I ) Applications under this Par t may be made
to the court by—
(a) husband and wife jointly;
(b) a married woman;
(c) a married man;{d) any other person of or above the age of twenty-
one years;
(e)
(e)
the Minister on behalf of any person within any of the foregoing classes who has given to him an authority in writing to make the application.
(2) In the case of an application made by or on behalf of a. married woman or a married man, the consent in writing of the spouse of the applicant shall be fur nished except where the applicant is living apart from such spouse.
(3) Any applicant may be represented by coun
sel or attorney at the hearing of the application.
1 6 4 . (1) The court may, in the form prescribed by rules of court make an order for adoption of any child in favour of the person by whom or on whose behalf the application was made.
(2) The court may make an order of adoption in favour of the person by whom or on whose behalf the application was made in respect of a person who fias reached the age of sixteen years but has not reached the age of twenty-one years if the court is of opinion that good reasons exist to justify such order.
1 6 5 . (1) Applications under this Par t of this Act may be heard by the court in open court or in publie or private chambers.
(2) At the hearing of any application under this Par t of this Act, the court may order that any person other than the parties thereto and the persons representing them upon the application, shall be excluded from the court-room or other place of hearing.
1 6 6 . (1) For all purposes connected with any appli
cation under this Par t of this Act, the Minister may be
represented by an officer of the Child "Welfare Depart
| ment who is authorised in that behalf by an instrument | in writing in or to the effect of the form prescribed by |
| rules of court. | |
| (2) The authority may authorise the person so appointed to represent the Minister either generally in applications under this Par t of this Act or for the purposes of any particular application. | |
| (3) The instrument shall be lodged in the office of the Master in Equity, and where the authority authorises the officer to represent the Minister generally |
shall
shall remain in force until revoked by another instru ment under the hand of the Minister lodged in the said office.
(4) The court shall take judicial notice of the signature of the Minister to any such instrument as is mentioned in this section.
1 6 7 . An order of adoption shall not be made unless the court is satisfied—
(a)
that the person in whose favour it is proposed that the order should be made is of good repute and a fit and proper person to have the care of the child or person proposed to be adopted and of sufficient ability to maintain, clothe, sup port, train and educate the child or person pro posed to be adopted; and
(b)
that the welfare and interest of the child or per son proposed to be adopted will be promoted by the adoption; and
(c)
if the child or person proposed to be adopted is over the age of twelve years, that the child or person consents to the adoption; and
(d)
that the parents of the child or person proposed to be adopted or such one of them as is living consent or consents to the adoption, or if the child or person proposed to be adopted is illegitimate that the mother consents to the adoption, or if the child or person proposed to be adopted has a guardian, that such guardian consents to the adoption:
Provided that the court may dispense with the consent referred to in paragraph (c) or in paragraph (d) of this section where, having regard to the circumstances, the court deems it just and reasonable so to do. 1 6 8 . When an order of adoption is made, for all pur poses civil and criminal, and as regards all legal and equitable rights and liabilities, the adopted child shall be deemed to be a child of the adopting parent, and the adopting parent shall be deemed to be a parent of the adopted child, as if such child had been born to such adopting parent in lawful wedlock, and the order of
adoption
adoption shall terminate all rights and liabilities exist ing between the child and his natural parents other than the right of the child to take property as heir or next of kin of his natural parents or of their lineal or collateral kindred:
Provided always that such adopted child shall not by such adoption—
(a) acquire any right, title, or interest in any property under any deed, will, or instrument whatsoever made or executed prior to the date of such order of adoption unless it is expressly so stated in such deed, will, or instrument; (b) be entitled to take any property limited to the heirs of the body of the adopting parent; (c) be entitled to take any property as next of kin to any lineal or collateral kindred of the adopt ing parent; (d) be entitled to take any property as next of kin to any child of the adopting parent.
1 6 9 . When an order for adoption is made the adopted child shall take the surname of the adopting parent in substitution for his own surname.
1 7 0 . The court, on the application of an adopting parent or of a reputable person on behalf of an adopted child, may vary or discharge any order of adoption subject to such terms and conditions as it thinks fit.
| When an order of adoption is discharged, then, subject to the conditions, if any, named in the discharging order, the child or person in respect of whom the order of adoption was made and his natural parents shall be deemed for all purposes to be restored to the same posi tion inter se as existed immediately before the order of adoption was made: |
Provided that such restoration shall not affect any thing lawfully done whilst the order of adoption was in force.
+1145—I 1 7 1 . 1 7 1 . It shall not be lawful for any person adopting a child under this Par t to receive any premium or other consideration in respect of such adoption except with the consent of the court.
1 7 2 . The Registrar-General shall register orders of adoption in the manner for the time being prescribed by rules of court.
1 7 3 . The judges of the Supreme Court or any three of them may make rules for carrying into effect the provisions and objects of this Part , and for providing for the registration of orders of adoption and the pay ment of fees, and for regulating the costs chargeable by solicitors in connection with applications under this Par t , and for preventing the publication of the names of the child or person proposed to be adopted and the applicant or either of them in cases in which such publication would be inexpedient:
Provided that all rules made under this section shall— (a) be published in the Gazette;
(b)
take effect from the date of publication or from a later date to be specified in the rules; and
(c)
be laid before both Houses of Parliament within fourteen sitting days after publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session.
If either House of Parliament passes a reso
lution of which notice has been given at anytime within fifteen sitting days after such rules have been laid before such House disallowing any rule or part thereof, such rule or part shall thereupon cease to have effect.
P A R T
PART XX.
AMENDMENT OF VARIOUS ACTS.
| DIVISION 1.—Amendment of Interstate Destitute | Persons |
Relief Act, 1919.
1 7 4 . The Interstate Destitute Persons Relief Act, 1919, is amended by inserting next after subsection one of section sixteen the following new subsection:—
(1A) Where the order so made enforceable in this State is an order which, if made in this State, might have been made under—
(a)
the Deserted Wives and Children Act, 1901- 1939; or
(b) the Child Welfare Act, 1939,
the provisions of such Act relating to the enforce ment of orders shall, mutatis mutandis, apply to and in respect of the order so made enforceable in this State.
DIVISION 2.—Amendment of Deserted Wives and Children
Act, 1901-1931.
1 7 5 . (1) The Deserted Wives and Children Act, 1901-
1931, as amended by subsequent Acts, is amended—
(a) by inserting at the end of subsection two of section six the following new paragraph:— The inquiry and search made for the defendant may be proved orally or by the affi davit of the person who made such inquiry and search.
(b)
by omitting from subsection two of section eleven the words "four shillings" wherever
words " ten shillings"; appearing and by inserting in lieu thereof the (c) (i) by inserting in subsection one of section
twenty-one after the word "d i rec t " thewords " t o the Director of the Child Welfare
Department a n d " ; (ii) by omitting subsection two of the same section and by inserting in lieu thereof the following subsection:—
(2)- An application under this section
shall be heard and determined by justicessitting
sitting at a place agreed upon by the parties or at the place where the order the subject of the application was made:
Provided that the justices may postpone the hearing of the application and direct that it shall be heard and determined by justices sitting at some other place specified by them and appoint a day for the hearing.
(2) The Deserted Wives and Children Act, 1901- 1931, as amended by subsequent Acts including this Act, may be cited as the Deserted Wives and Children Act, 1901-1939.
DIVISION 3.—Amendment of the Criminal Appeal Act of
1912.
1 7 6 . The Criminal Appeal Act of 1912 as amended
by subsequent Acts is amended by omitting from section
5B the words " A court of quarter sessions may submit
any question of law arising on any appeal coming before i t " and by inserting in lieu thereof the words " A chair man of quarter sessions may submit any question of law arising on any appeal to a court of quarter sessions coming before him."
DIVISION 4.—Amendment of Public Instruction (Amend ment) Act, 1916.
1 7 7 . The Public Instruction (Amendment) Act, 1916, is amended—
(a) by omitting from subsection one of section two in lieu thereof the following definition:— the definition of "The Cour t" and by inserting "The Cour t" means a children's court established under the Child Welfare Act, 1939, and includes a stipendiary or police magistrate or justices exercising the jurisdiction of a children's court. (b) (i) by omitting from subsection one of section four the word " seven" and by inserting in lieu thereof the word " s i x " ;
(ii).
(ii) by omitting from subsection two of the same section the word " seven" and by in serting in lieu thereof the word " s i x " ;
(iii) by omitting paragraph (a) of subsection four of the same section;
(iv) by inserting in paragraph (c) of the same subsection after the word "Minis te r" the words " o r any officer authorised by h i m " ;
(e) (i) by inserting in section six after the word "Minis te r" the words " o r any officer autho rised by h im" ;
(ii) by inserting at the end of paragraph (c) of the same section the following word and new paragraph:—
or
(d) that the child is of the age of thirteen years or more, and has received a certificate in the form of Schedule One, and that the home conditions are such as to warrant exemption.
(d) (i) by inserting in subsection one of section eight after the words " i t m a y " the words "release the child on probation on such terms and conditions as may be applicable under the Child Welfare Act, 1939, to a neglected or uncontrollable child or young person or juvenile offender released on probation under that Act, or as the court may, in any special case, think fit, and for such period of time as the court may think
fit, or m a y " ; (ii) by inserting at the end of the same section the following new subsection:—
(5) If a child, who has been released upon probation, breaks or is reasonably sus pected of having broken the terms or condi tions of his release, the court at any time by notice given in such manner as the court shall direct, to the parent or guardian of such child, or to the child himself, may direct that such child appear or be brought
before
before such court at a time and place named in the notice; and if such child does not so appear or is not so brought before the court, it may issue a summons for the appearance of such child, or if the circum stances so require issue a warrant for the apprehension of such child.
If it be proved that such breach has occurred, the court may deal with the child in the same manner as if he had not been released upon probation.
(e)
by omitting from subsection two of section nine the words and figures " the Infant Protection Act, 1904," and by inserting in lieu thereof the words and figures " P a r t XII of the Child Wel fare Act, 1939";
(f) (i) by omitting from subsection one of section
ten the word " seven" and by inserting in
lieu thereof the word " s i x " ; (ii) by omitting from subsection two of the same section the word " seven" and by inserting in lieu thereof the word " s i x " ;
(g)
by omitting from section fourteen the word " seven" and by inserting in lieu thereof the
word " s i x " ; (h)
by omitting from section fifteen the word " seven" and by inserting in lieu thereof the
word " s i x " ;
(i) by omitting section twenty, and by inserting in lieu thereof the following section:— 20. (1) Any person appointed by the Minister for the purpose may in writing authorise any other person to institute and conduct proceed ings or prosecutions under this Act.
(2) An averment in any complaint or information made or laid under the provisions of this Act that any person has been so appointed by the Minister and that the complainant or informant has been so authorised shall be prima facie evidence of the facts alleged.
(J)
(J) (i) by omitting from Schedule Two the words "scholars between the ages of seven" and by inserting in lieu thereof the words "children between the ages of s ix" ;
(ii) by omitting from the same Schedule the words "other scholars" and by inserting in lieu thereof the words "other children";
(k)
by omitting from Schedule Three the word " seven" and by inserting in lieu thereof the
word " s i x . "
DIVISION 5.—Amendment of Venereal Diseases Act, 1918.
1 7 8 . The Venereal Diseases Act, 1918, is amended—
(a) by inserting at the end of section two the fol lowing definition:— " Young person " means a person who has attained the ago of sixteen years and is under the age of eighteen years.
(b)
by inserting, in sections eleven and sixteen, after the word "ch i ld" wherever occurring the words " o r young person."
DIVISION 6.—Amendment of Pawnbrokers Act, 1902.
1 7 9 . The Pawnbrokers Act, 1902, is amended—
(a)
by omitting from section twenty-four the words "fourteen yea r s " and by inserting in lieu
thereof the words "sixteen y e a r s " ; (b)
by omitting from the same section the words " t en pounds" and by inserting in lieu thereof
the words "twenty-five pounds."
DIVISION 7.—Amendment of Second-hand Dealers and
Collectors Act, 1906.
1 8 0 . The Second-hand Dealers and Collectors Act, 1906, as amended by subsequent Acts, is amended—
(a)
by omitting from paragraph five of section nine the words "fourteen yea r s " and by inserting in
lieu thereof the words "sixteen y e a r s " ; (b)
(b)
by omitting from subsection two of section ten the words "fourteen y e a r s " and by inserting in lieu thereof the words "sixteen y e a r s " ;
(c)
by omitting from the Fifth Schedule the words "fourteen y e a r s " and by inserting in lieu thereof the words "sixteen years . "
DIVISION 8.—Amendment of Crimes Act, 1900.
1 8 1 . The Crimes Act, 1900, as amended by sub sequent Acts, is amended—
(a)
by omitting from subsection one of section four hundred and twenty-nine the words " a reformatory school under the provisions of any Act relating to reformatory schools" and by inserting in lieu thereof the words " a n institu tion constituted and established under the Child Welfare Act, 1939."
(b)
by omitting from subsection two of section four hundred and twenty-nine the words and figures "sixty-five, sixty-six, sixty-seven and sixty- eight of the Child Welfare Act, 1923" and by inserting in lieu thereof the words and figures, " eig'htv-eight, eighty-nine, ninetv-three and ninety-four of the Child Welfare Act, 1939."
SCHEDULES.
F I R S T SCHEDULE.
Date of Act. Name of Act. Extent of repeal.
Act No. 15, 1901 Infant Convicts Adoption Act, The whole.
1901.
Act No. 21 , 1923 Child Welfare Act, 1923 The whole.
Act No. 69, 1924 Child Welfare (Amendment) The whole.
Act, 1924.
Act No. 23, 1925 Widows' Pensions Act, 1925 ... Section 4. Act No. 24, 1930 Government Relief Administra Section 7, sub
tion Act, 1930. section 2.
SECOND
SECOND SCHEDULE.
CHILD WELFARE ACT, 1939, s. 129.
Child Welfare Department,
Education Building,
Bridge-street, Sydney.
Case No
v
Complainant. Defendant.
To
I, of
do hereby authorise you to pay to the Director, Child Welfare Depart- ment, on behalf of the Minister of Public Instruction, all moneys now held or hereafter received by you in pursuance of the order whereby the abovenamed
is liable to contribute towards the maintenance of his
I also authorise the Minister, in his discretion, to recoup the funds of the Child Welfare Department from the payments received in pursuance of the order to an amount not exceeding any allowances made or the cost of any services provided by that Department.
This authority is to remain in force until the Minister notifies you that lie deems it no longer necessary to operate under I his authority.
| Signed | this | day of | , 19. . |
Witness
(Signature.)
0
0
0