Child Welfare Act Amendment Act 1952 (WA)

1952.] Child Welfare. [No. 16.

CHILD WELFARE.

1° Elizabeth IL, No. XVI.

No. 16 of 1952.

AN ACT to amend the Child Welfare Act, 1947-1950.

[Assented to 7th November, 1952.]

RE it enacted, by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:-

1. (1) This Act may be cited as the Child Welfare short title and citation.

Act Amendment Act, 1952,

(2) In this Act the Child Welfare Act, 1947-1950— Act No. 66 of 1947 as amended by Act No. 52 of 1950,

is referred to as the principal Act.

(3) The principal Act as amended by this Act may

be cited as the Child Welfare Act, 1947-1952.

2. Section four of the principal Act is amended	amended.
Section 4

by

(a)	adding after the word, "has" in line one of the definition, "destitute child" the letter "a" in brackets thus—(a);
(b)	adding to the definition "destitute child" the following

(b) been placed in a subsidised institu- tion otherwise than in pursuance of an order of the Court and whose near relatives have not contributed regularly towards the maintenance of the child;

No. 16.] Child Welfare. [1952.

(c) adding to the definition of "neglected child" after paragraph (9) the following—or

(10) is living under such conditions as to indicate that the mental, physical or moral welfare of the child is likely to be in jeopardy;

(d) deleting the definition "ward" and sub- stituting the following

"ward" means a child who is committed under the provisions of this or any other Act, to an institution or to the care of the Department for a period which has not expired.

S. 30 repealed

and re- 3. Section thirty of the principal Act is repealed

enacted. and re-enacted as follows—

Powers of	30. 'The Court upon the hearing of an
Court with

respect to	application to declare a child a destitute or
destitute or
neglected	neglected child may on being satisfied that the
children.
No. n of	application should be granted, declare the child
No. 21 of
1907, s. 24,	to be a destitute or neglected child and may
1919, H. 10.	order the child until he attains the age of eighteen years, or during such shorter period as the Court may think sufficient to be

(a)	committed to the care of the Depart- ment; or
(b)	sent to some institution to be specified in the order, there to be detained or otherwise dealt with under this Act; or
(c)	released on probation on such condi- tions, if any, as the Court may order, and in such case the child shall be s u b j e c t to the supervision of the Department

New s. 30A

added. 4. The principal Act is amended by adding after

section thirty a section as follows-

30A. Where an application is made to the

Power of	Court to declare a child a destitute child as
declare a
child placed	defined in paragraph (b) of the interpretation
in. subsidised
institution	"destitute child" in section four of this Act, if
a destitute
child.	the Court is satisfied that

Court to

(a) the governing authority or the Depart- ment on behalf of a subsidised institu- tion has taken all available proceedings

1952.] Child Welfare. [No. 16.

to obtain an order against the near relative of the child for regular contri- butions towards the maintenance of the child; and

(b)	the proceedings have failed to obtain from the near relative the maintenance; and
(c)	the application is made with the approval of the Secretary,

the Court shall declare the child to be a destitute child and shall commit him to the care of the Department in accordance with the provisions of the last preceding section.

5. The principal Act is amended by adding after zrasdezo.n

section forty-four a section as follows-

44A. (1) The Secretary shall, in the absence Secretary to

of positive evidence as to the name of a destitute =idea

child, give the child a name, and for the purposes •

of this Act the name so given shall be regarded

as the correct name of the child.

(2) If at any time thereafter the Secretary is satisfied by positive evidence that the child should be known by some other name the records of the Court and the Department shall be amended accordingly and thereafter the child shall be known by that other name.

6. Section sixty-eight of the principal Act is S. 68 amended.

amended by adding a subsection as follows:—

(3) Where after the expiration of three months from the date of the final order or decree absolute for dissolution of or nullity of marriage made under the provisions of the Matrimonial Causes and Personal Status Code, 1948, or the Supreme Court Act, 1935-1950, if there is no order in force in the Supreme Court in respect to the maintenance of a child, proceedings for such maintenance may be taken under subsection (1) of this section.

7. Section sixty-nine of the principal Act is 6.69 amended.

amended by—

(a) substituting for the words "one pound" in line three of paragraph (b) of subsection (1) the words "two pounds ten shillings";

No. 16.] Child Welfare. [1952.

(b)	substituting for the words "one pound" in line six of subsection (2) the words "two pounds ten shillings";
(c)	adding a subsection as follows

(5) Notwithstanding the provisions of

sections nineteen and one hundred and forty-three of this Act and section fifty- one of the Justices Act, 1902-1948, the Court may make an order for payment of a sum for past maintenance of a child to cover such period as the Court thinks fit.

New s. 146A

added.	8. The principal Act is amended by adding after section one hundred and forty-six a section as follows-
Officers of

Department	146A. (1) Where a Justice is satisfied by
may enter

and inspect	information on oath that there is reasonable
premises
where	ground for suspecting that a destitute or
destitute or
neglected	neglected child is residing on any premises or
child
suspected of	in any place he may grant an order in the
residing.	prescribed form authorising the Secretary or other officer of the Department named therein, to enter at all reasonable times the premises or place named in the order and to inspect the premises or place.

The person named in the order seeking to

exercise his powers under it shall, if so required,

produce the order.

(2)

A person who refuses to permit the person named in the order to enter or inspect the premises or place in respect of which the order is issued or hinders or obstructs him in the execution of his duty under this Act, is guilty of an offence.

(3)

New a. 146B

added.	9. The principal Act is amended by adding after section one hundred and forty-six A a section as follows-
Personation

of officers	146B. A person, not being an officer of the
of the

Department. Department who takes the name, designation, or description of any officer of the Department or pretends or asserts that he is an officer of the Department, is guilty of an offence.