Child Welfare Act Amendment Act 1967 (WA)

1967.]

[No. 27.

Child Welfare.

CHILD WELFARE.

No. 27 of 1967.

AN ACT to amend the Child Welfare Act, 1947-1965.

[Assented to 17th November, 1967.]

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:—

Short title

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

and citation.

Act Amendment Act, 1967.

Reprinted as

(2) In this Act the Child Welfare Act, 1947-1965,

approved for reprint 25th

is referred to as the principal Act.

August, 1961, and further amended by Acts Nos. 22 and 43 of 1962

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

and 79 of

1965.

be cited as the Child Welfare Act, 1947-1967.

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Commence-

(1) Subject to subsection (2) of this section,

this Act shall come into operation on a date to be

fixed by proclamation.

ment.

(2) It is not necessary that the whole of this Act be proclaimed to come into operation on the one day; and the several sections may be proclaimed to come into operation on such respective dates as are fixed by proclamation.

S. 2

Section two of the principal Act is amended by

deleting the arrangement references to Part V and

Part VI.

amended.

S. 4

Section four of the principal Act is amended, as to the interpretation, "neglected child", by adding after the word, "conditions", in line one of paragraph (10), the passage, ", is found in such circumstances or is behaving in such a manner".

amended.

S. 20

Section twenty of the principal Act is amended by adding, immediately after the word, "seventeen", in line three of paragraph (c), the passage, ", seventeen A, seventeen B".

amended.

S. 26

Section twenty-six of the principal Act is

amended by deleting the word, "convicted", in line

five.

amended.

S. 27

Section twenty-seven of the principal Act is amended by substituting for the word, "may" where first occurring in line four, the passage, "shall, upon cause being shown,".

amended.

S. 28

amended.

8. Section twenty-eight of the principal Act is amended

(a)	by adding, after the section number, "28.", the subsection designation, "(1)";

1967.

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Child Welfare.

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(b)	by adding, immediately after the word, "house", in line five, the passage, ", reception home, remand home, police station or police lock-up";

(d) by adding the following subsection

(2) Where it appears to the court that a child charged with an offence or in respect of whom an application is made

(a)	is suffering from mental or nervous disorder; or
(b)	should be remanded for observation, assessment and a recommendation as to his future treatment,

then, notwithstanding the provisions of any other Act, the court may, after giving the parents of the child an opportunity of being heard, remand the child, and order that he be placed in some suitable place, for a period not exceeding one month, for observation, assessment and the making of a report on his condition or a recommendation as to his future treatment, as the case may require. .

9. Section twenty-nine of the principal Act is 2,aded

amended

(a)	by substituting for the passage, "thereof, such child shall be disposed of in one of the following ways:—", in lines eight and nine, the passage, "of the hearing or during any period of remand, the child shall be—";

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Child Welfare.

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(b)	by deleting paragraph (a) and substituting the following paragraphs

(a)	taken to his place of residence and there left, upon the recognisance of a near relative for his appearance;

(aa) taken to and placed in a reception

home or a remand home; ;

and

(c)	by substituting for paragraph (d) the following paragraph

(d)	placed, where the charge is of so serious a nature that his safe custody is of paramount importance and, then only, where no other place of detention is available, in a police gaol or lock-up, apart from any adult prisoners. .

8. 32

emended.

10. Section thirty-two of the principal Act is

amended

(a)	by substituting for the passage commencing with the word, "If", in line one, and ending with the word, "charge", in line four, the passage, "A near relative of a child over whom he is unable to exercise proper control may bring the child before the court on an application for an order under this section; and the court, if satisfied that the applica- tion";
(b)	by substituting for the word, "uncontrol- lable", in lines one and two of the proviso, the word, "uncontrolled"; and
(c)	by deleting the words, "parent or", in each case, where appearing in line two and in line three of the proviso.

S. 33

amended.

11. Section thirty-three of the principal Act is amended

(a) by substituting for the passage commencing

with the word, "If", in line one, and ending

with the word, "founded", in line five, the

1967.]

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passage, "An officer of the Department or a police officer may bring a child before the court on an application for an order under this section, on the ground that the child is uncontrolled; and the court, upon being satisfied that the application is well founded,";

(b)	by substituting for the word, "charge", in line seven, the word, "application"; and
(c)	by substituting for the words, "the parent or", in the penultimate line, the word "a".

12. Section thirty-five of the principal Act is amended.

amended

(a)	by adding, immediately after the section number, "35.", the subsection designation, "(1)"; and

(b) by adding the following subsection

(2) The provisions of subsection (1) of this section do not apply to a person where he is convicted, or the order is made, after he attains the age of eighteen years. .

13. Section thirty-six of the principal Act is Laded

amended by adding, after the word, "Court", in line

six, the words, "or upon a Special Magistrate".

14. The principal Act is amended by adding, after Ma

section forty-seven B, the following section-

47C. (1) The parents, or the surviving parent, ,,a,frisorase of a child may apply to the Minister for an order gmoittal of committing the child to the care of the

Department, for a period, or until the child attains the age, specified in the application; and the Minister may, if he is satisfied that it is in the best interests of the child that the applica- tion be granted and upon the parents or parent giving a written undertaking to provide such maintenance for the child as the Minister may require, commit the child to the care of the Department for the period, or until the child attains the age, specified in the application.

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(2) The amount of maintenance from time to time due to the Minister, by virtue of an undertaking given pursuant to subsection (1) of this section, is deemed to be an advance under, and for the purposes of, the Welfare and Assistance Act, 1961. .

S. 51 amded 15. Section fifty-one of the principal Act is

amended by substituting for the word, "detention",

in the last line, the words, "the committal".

S.52

amended.

16. Section fifty-two of the principal Act is

amended,

(a)	as to subsection (1), by substituting for the passage commencing with the word, "fourteen", in line three, and ending with the word, "therefor", at the end of the subsection, the passage, "he attains the leaving age provided by the Education Act, 1928"; and
(b)	by repealing subsection (2) and re-enacting it with amendments, as follows

(2) A ward shall not, unless exempt from school attendance under the Education Act, 1928, be apprenticed or placed out for service before he attains the leaving age mentioned in subsection (1) of this section. .

repealed

17. Sections fifty-seven, fifty-eight and fifty-nine of the principal Act are repealed.

S 66A added.

18. The principal Act is amended by adding after section sixty-six, the following section-

Reciprocity	between	66A. (1) The Minister may, by arrangement responsible Minister or some other authorised person of another State of, or a Territory of, the Commonwealth, commit to the care of the Department a child brought to, or resorting to,
States as to
care of	or agreement made from time to time with the
wards.

1967.]

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[No. 27.

this State, as though the child were one to whom the provisions of section forty-seven B of this Act applies and that section shall, thereupon, apply to the child.

(2) Where the Minister is satisfied that

another State of, or a Territory of, the Commonwealth has enacted a provision substantially similar to that of subsection (1) of this section, he may, by arrangement or agreement made from time to time with the responsible Minister or some other authorised person there, procure the committal, to the care of that Minister, other person or a department of state there, of a ward taken to, or resorting to, that State or Territory. .

19. The principal Act is amended by adding, after S. 6613 added.

section sixty-six A added by section eighteen of this

Act, the following section-

66B. A person in whose care a child is placed ttr=1,?,1

under the provisions of this Act shall not, except gaigiren

with the consent of the Minister, remove the state.

child, or suffer him to remove or be removed, out

of the State. .

20. The principal Act is amended by adding, after 8.66C added.

section sixty-six B, added by section nineteen of this

Act, the following section-

66C. Notwithstanding, but without limiting, 1nDsZtor may

is left without a parent, guardian or some person parents

in low parentis present within the State or is

left by a parent or guardian who is in a remote

part of the State without a person in loco

parentis present where the child then is, the

any other provision of this Act, where a child nyed,]r or affecting the status of, the child, extend to him such benefits as he might have extended if the child were a ward; and where the Director incurs any costs or expenses in that regard, the costs and expenses are deemed to be an advance under, and for the purposes of, the Welfare and Assistance Act, 1961,

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Child Welfare.

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Part VI

repealed.	21.	Part VI of the principal Act is repealed.
8.106
amended.	22.

Section one hundred and six of the principal Act is amended by adding, immediately after the word, "trading", being the last word in subsection (3), the passage, "and, in any event, shall not be issued to a female child".

S. 116

amended.

23. Section one hundred and sixteen of the

principal Act is amended

(a)	by substituting for the passage, "Twenty pounds, or for a second offence," in line eight of subsection (1), the passage, "For a first offence, one hundred dollars; and, for every subsequent offence,"; and
(b)	by repealing subsection (4) and re-enacting it with amendments, as follows

(4) The Governor may make regula-

tions

(a)	prescribing the prerequisites to the granting of a license under this section and the grounds upon which a license may be refused;
(b)	prescribing all matters relating to the welfare of children received and kept pursuant to a license under this section and the conduct and staffing of a house, room or place kept and used pursuant to such license;
(c)	providing for the entry to any house, room or place kept and used, or reasonably believed to be kept and used, in contravention of this section and for the inspection and supervision of a house, room or place kept and used pursuant to a license under this section;

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Child Welfare.

[No. 27.

(d)	providing for the notification of deaths of children received and kept pursuant to a license under this section;
(e)	providing for the cancellation and transfer of licenses issued under this section;
(f)	providing for the restriction, prohibition and regulation of advertising in respect of any house, room or place kept and used for the reception a n d keeping of children;
(g)	prescribing forms and providing for the keeping of records and registers in a house, room or place kept and used pursuant to a license under this section;
(h)	providing penalties not exceed- ing fifty dollars for the breach of any of them; and

(i) prescribing all such other matters and things as may, in his opinion, be necessary or convenient for giving full effect to the provisions of, or for the better administration of, this section. .

24. The principal Act is amended by adding, LardA

after section one hundred and eighteen, the follow-

ing section-

118A. (1) Without limiting the operation of wigging

section one hundred and sixteen of this Act, a centres.

person shall not keep or use, or by word or deed

hold himself out as keeping or using, a building

or place as a child minding centre, except

pursuant to a license or permit granted by the

Director for that purpose.

Penalty: For a first offence, one hundred

dollars; and for every subsequent offence

imprisonment with hard labour for three

months.

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Child Welfare.

[1967.

(2) Subject to the regulations, the Director may, on payment of the prescribed fee, grant a license for the keeping and use of a building or place therein specified as a child minding centre, for a period of one year; and may, on payment of the prescribed fee, renew any such license for a further period of one year.

(3) The Director may grant a permit for the keeping and use of a building or place as a child minding centre for any period, not exceeding six months, during which inquiries are being made respecting an application for a license and may at any time revoke any such permit.

(4) The Governor may make regulations

(a)	prescribing the prerequisites to the granting of a license and the grounds upon which a license may be refused;
(b)	prescribing the conditions under which, and the period for which, children may be left in a child minding centre;
(c)	prescribing the manner in which a child minding centre is to be conducted and staffed and the nature of, and quantities of, foodstuffs to be provided for children left there;
(d)	providing for the entry to any place kept and used, or reasonably believed to be kept and used, as a child minding centre and for the inspection and supervision of child minding centres;
(e)	providing for the cancellation, renewal and transfer of licenses and prescribing the fees payable on the issue, renewal and transfer of licenses;
(f)	providing for the restriction, prohibi- tion and regulation of advertisements in respect of child minding centres;
(g)	prescribing forms and providing for the keeping of records and registers in child minding centres;

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Child Welfare.

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(h)	providing penalties not exceeding fifty dollars for the breach of any of them; and

(i) prescribing all such other matters and things as may, in his opinion, be necessary or convenient for giving full effect to the provisions of, and for the better administration of, this section.

(5) In this section, the expression, "child minding centre", means a creche, public nursery or other public facility for the casual or day to day care of children under the age of six years; but nothing in this section relates to the conducting of a kindergarten pursuant to a permit issued under the Education Act, 1928, notwithstanding t h a t the kindergarten is conducted within, or in conjunction with, a child minding centre. .

25. Section one hundred and twenty-five of the 6,gie„

principal Act is repealed and re-enacted with Venacted

amendments, as follows-

Offence of

125. A person who,—

interfering with wards.

(a)	without the authority of the Director, takes or removes a ward from any situation in which the ward has been placed at the requirement of the Director;
(b)	directly or indirectly, counsels or induces a ward to abscond or escape from any situation in which he has been placed at the requirement of the Director;
(c)	knowingly, aids or abets a ward in absconding or escaping from, harbours a ward who has been taken or removed or has absconded or escaped from, or prevents the return of any such ward to, any situation in which he has been placed at the requirement of the Director; or

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(d)	having a ward placed in his care, fails or refuses to hand over the ward to an officer of the Department or a police officer, authorised to receive the child, on demand,

commits an offence.

Penalty: One hundred dollars or imprison- ment with hard labour for three months. .

8. 136

Section one hundred and thirty-six of the principal Act is amended by substituting for the words, "near relative", in line seven, the word, "parent".

26.

amended.

8.146

Section one hundred and forty-six of the principal Act is amended, as to subsection (1),-

27.

amended.

(a)	by deleting the passage, "Part V. and", in line two of paragraph (a);
(b)	by substituting for the words, "court which has caused the warrant to issue", in lines four and five of paragraph (a), the words, "place at which the warrant was issued"; and
(c)	by substituting for the words, "which caused the warrant of arrest to issue", in lines four and five of paragraph (c), the words, "at or nearest to the place at which the warrant was issued".

Second

Schedu/e

28. The Second Schedule to the principal Act is

amended. amended by deleting

(a)	the item, "Tom Allan Memorial Home for Boys, Werribee.", under the subheading, "Methodist:"; and
(b)	the subheading, "Presbyterian:" and the item, "Benmore Boys' Home, Caversham.", under that subheading.