Child Welfare Act Amendment Act 1941 (WA)

CHILD WELFARE.

5° and 6° GEO. VI., No. INT

No. 56 of 1941.

AN ACT to amend the Child Welfare Aet, 1907-

1927.

[Assented to 15th January, 1942.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legisla- tive Council and Legislative Assembly of Western

1941.] Child Welfare. [No. 56.

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

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

Amendment Act, 1941, and shall be read as one with the

Child Welfare Act, 1907-1927 (No. 31 of 1907, as reprinted in the Appendix to the Sessional Volume of Statutes for the year 1927 and amended by Act No. 12 of 1936), hereinafter referred to as the principal Act.

2. Section four of the principal Act is amended in the Amendmentof s. 4 of the

definition of "ward" by inserting the words "or any	principal Act.
other" after the word "this" in line two of the definition.

3. Section twenty of the principal Act is amended— Ai■nsengidiecp/tthe

(i)    by deleting the words "sections one hundred and oprinipal Act.

twenty-eight and" in lines two and three of paragraph (c) and substituting the word "section;"

(ii)    by adding thereto new paragraphs, as follows :—

(d) shall exercise the powers and authorities of a court of summary jurisdiction under section eight of the Guardianship of Infants Act, 1926. Notwithstanding any other provision to the contrary, the jurisdiction conferred by this para- graph shall be exercised by the special magistrate sitting alone;

(e) may make recommendations concerning any child appearing before the court on a charge of delinquency, or of being a neglected or destitute child, or an un- controllable or incorrigible child, and such recommendation shall not be departed from without the consent of the Minister.

4. Section twenty-six of the principal Act is amended Amendment of s. 26 of the

by adding at the end of the section the following:— principal Act.

Notwithstanding the exercise of any discretion conferred by this section the court may order the child concerned to be subject to the supervision of the department until such child attains the age of eighteen years or during such shorter period, as the court may think sufficient.

No. 56.] Child Welfare. [1941.

Amendment of s. 29 of the5. Section twenty-nine of the principal Act is amended principal Act• by inserting the words "or incorrigible or uncontroll-

able" after the word "neglected" in line four.

Amendment

of a. 32 of the 6. Section thirty-two of the principal Act is

principal Act. amended

(a)	by deleting paragraph (b) of the section; and
(b)	by deleting paragraph (b) of the proviso to the

said section.

Repeal of

a. 38 of the 7. Section thirty-eight of the principal Act is repealed

cifeaw l Act and a new section substituted, as follows :—

and

tion.

Child released	38. If the conditions of probation upon which any
on probation

may be	child is released under sections thirty, thirty-two, or
arrested with-
out warrant	thirty-four of this Act are not observed by the child
in certain
cases.	or responsible person or persons, or if the secretary shall not be satisfied with the conduct of the child or the responsible person or persons aforesaid whilst the child is released on probation, the secretary may, without warrant, cause the child to be arrested and brought before the court, and the court may exercise any of the powers specified in sections thirty, thirty- two, or thirty-four, as the case may be.
Amendment

of a. 75 of the 8. Section seventy-five of the principal Act is

principal Act. amended

(a)	by deleting the words "the child" in line four of subsection (1) and substituting the words "any child.;"
(b)	by deleting the words "an illegitimate child" in line two of subsection (2) and substituting "a child."

Amendment

of a. 76 of the	9. Section	seventy-six of the principal Act is
principal Act

by inserting in subsection (1) the words

"seventy-eight, seventy-nine" after the words

"sixty-nine" in the first line ;

(b) by deleting the words "one hundred and twenty-

eight" in line two of subsection (1).

Amendment	of s. 77 of the10. Section seventy-seven of the principal Act is
principal Act. amended by adding at the end of the section the

following:—

Failure to obey or comply with any direction or

1941.] Child Welfare. [No. 56.

order of the court under this section shall constitute

an offence against this Act. Penalty ten pounds.

otf

11. Section seventy-eight of the principal Act is re- of s.o

pealed and a new section is substituted, as follows :— the 'principal Act and new

78. (1) Any person who refuses, fails, or neglects to comply with any maintenance order made against tget section.

be

him under this Act, or who attempts to leave the eralTiey wraith State without making arrangements for future pay- otenrtenanart, ments to the satisfaction of the department, may be other eases'

summoned before the court upon complaint.

(2)

On the hearing of the complaint the court may commit such person to prison for any term not exceeding twelve months, with or without hard labour.

(3) Provided that the court, in lieu of imposing any such sentence as aforesaid, may require the person liable under this section to find good and sufficient security that he will comply with the order in future or will not leave the State without making arrangements for future payments to the satisfaction of the department.

(4)

The court may determine the sufficiency of

any proposed security and in what manner security

shall be given.

(5)

Any justice, if satisfied that the circumstances justify the issue of a warrant in lieu of a summons, may issue his warrant upon sworn complaint being made.

12. Section seventy-nine of the principal Act is she°,771 or the

repealed and a new section substituted, as follows :— Vr=fl Act

79. The amount of the weekly payments payable section.

under any order may be altered, varied, or dis- i?a°11;7 orthalis_ charged by any subsequent orders from time to time charge orders.

upon cause being shown and upon fresh evidence to the satisfaction of the court. The amount of any such payments may be diminished or increased: Pro- vided, in case of any increase, the maximum is not exceeded. Orders may be altered, varied, or dis- charged under this section by the court which made the original order or the court nearest to the place of residence of the near relatives concerned, if such latter court is satisfied that no hardship will thereby result to any such near relative.

No. 56.] Child Welfare. [1941.

New section. 13. A new section is inserted in the principal Act

after section eighty, as follows:-

Court may

forfeit or	80A. The court shall have power to forfeit any
bonds, etc.

estreat	security, bond, or recognisance to the department or to the complainant or any other person whom the court may adjuge to be entitled to the amount, or any portion thereof, if the terms and conditions im- posed by the court are not complied with: Provided that, in any case, any money advanced by the depart- ment shall be first repaid to the department.
Amendment

of s. 124. 14. Section one hundred and twenty-four of the

principal Act is hereby repealed and a new section sub-

stituted as follows:—

124. Whenever any child has been committed to the care of the State or has been committed to an institution or has been convicted under this Act, the fact of such committal or conviction shall not be disclosed to any person, except with the consent of the Minister, or be admitted as evidence in any court of law, except a Children's Court.

Repeal of

s. 128 of the 15. Section one hundred and twenty-eight of the

principal Act. principal Act is hereby repealed.

Amendment

of s. 130 0 16. Section one hundred and thirty of the principal

the principal Act is amended by deleting the words "the two last pre- Act.

ceding sections" in line four and substituting the words "sections seventy-eight and one hundred and twenty- nine."

Amendment

of s. 135 of	17. Section one hundred and thirty-five of the prin-
the principal

Act. cipal Act is amended

(a) by deleting the words "one hundred and twenty-

eight or" in line two of subsection (1) ;

(b) by deleting all the words after the word "adjournment" in line nine of subsection (1) and substituting the words "to pay or contri- bute towards the past and future maintenance of such child as is provided for in section seventy of this Act."

Amendment

of s. 137 of	18. Section one hundred and thirty-seven of the prin-
the prin-

cipal Act.

cipal Act is amended by inserting the words "travelling

glow" after the word "circus" in line two.

1941.] Child Welfare. [No. 56.

Repeal of

19. Sections one hundred and forty, one hundred and

ss. 140,

141 and 142

forty-one, and one hundred and forty-two of the prin-	of the
cipal Act are hereby repealed.	principal Act.
Amendment

20. Section one hundred and forty-seven A of the

of s. 147A of

the prin-

principal Act is amended cipal Act.

(a) by inserting the words and figure "Part V. and"

after the word "under" in the first line ;

(b) by inserting a new subsection, to stand as sub-

section (2), as follows :—

(2) Where no members of the Children's Court nearest to the place of arrest are avail- able or, if such arrest occurs in an area within the State in which no Children's Court has been proclaimed, the person arrested may be brought before the nearest court of petty ses- sions, and the case shall forthwith be adjudi- cated upon by such court in accordance with this Act, as if such court were a Children's Court properly constituted under this Act.

21. The Second Schedule to the principal Act is	Amendment
of Second

amended, as follows :—	Schedule to
Principal Act.

(a) by inserting the words "Roman Catholic" after

the words "Good Shepherd" in line five;

(b) by deleting the word "Depot" in line fifteen and

substituting the word "Home";

(c) by adding at the end of the Schedule the fol-

lowing:—

The Tom Allan Memorial Home (Methodist)

for Boys, Werribee.

The Castledare Roman Catholic Junior

Orphanage, Queen's Park.

The Presbyterian Children's Home, Byford. St. Joseph's Roman Catholic Farm School,

Bindoon.

Nazareth House (Roman Catholic), Gerald-

ton.

22. The principal Act as amended by this Act may be Citation at principal Act

cited as the Child Welfare Act, 1907-1941. as amended.