Child Welfare Act Amendment Act 1936 (WA)

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CHILD WELFARE.

1 0 EDWD. VIII., No. XII.

No. 12 of 1936.

AN ACT to amend Section forty-seven of the Child

Welfare Act, 1907-1927.

[Assented to 3rd December, 1936.]

lative Council and Legislative Assembly of Western

B E it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis-

Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title.

1. This Act may be cited as the Child Welfare Act

Amendment Act, 1936, and shall be read as one with the

1936.]

Child Welfare.

[No. 12.

Child Welfare Act, 1907-1927 (as reprinted in the Ap- pendix to the Sessional Volume of the Statutes for the year 1927), hereinafter called the principal Act.

Amendment

2. Section forty-seven of the principal Act is

of a. 47,

amended

principal Act,

(a)

by deleting the words "The Governor may on the

recommendation of" in the first line;

(b) by inserting the word "may" after the word "Minister" in the second line;

(c) by adding the following Provisos:—

Provided that, before any such order is made by the Minister, the parents of the ward shall, if their whereabouts are known or can be ascer- tained by reasonable inquiry, be notified that it is proposed to release the ward, and shall, if either of them so desire, be heard by the Minis- ter hi opposition to the proposal or as to the custody of the ward after release:

Provided further, that a parent, feeling aggrieved by the order of the Minister to re- lease the ward or to hand the ward over to the custody of any person, may within three months from the date of the order appeal to the magis- trate of the local court at Perth, who is hereby empowered to make any order necessary to keep the ward within the State pending the deter- mination of the appeal, and to inquire into such grievance and any matters relating thereto, and, upon such inquiry, to either confirm or annul the order of the Minister and commit the ward to the care of the department, or make such other order as to the custody or control of the ward or otherwise in the premises as he shall deem fit, and the determination or order of the magistrate shall for all purposes be final and conclusive.

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