Child Welfare (Amendment) Act 1966 (NSW)

CHILD WELFARE (AMENDMENT) ACT.

Act No. 11,1966.

An Act to amend the law relating to the payment of allowances in respect of children, young persons and others; to provide for the licensing of certain persons providing facilities for the caring of children; for these and other purposes to amend the Child Welfare Act, 1939-1965, in certain respects; and for purposes connected therewith. [Assented to, 30th March, 1966.] BE

BE	it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as
follows: —
1. (1) This Act may be cited as the "Child Welfare (Amendment) Act, 1966".
(2) The Child Welfare Act, 1939, as amended by subsequent Acts and by this Act, may be cited as the Child Welfare Act, 1939-1966.
(3) Paragraph (f) of section two of this Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

2. The Child Welfare Act, 1939-1965, is amended—

(a) (i) by omitting from section two the matter relating to Part V I and by inserting in lieu thereof the following matter : —

PART VI .—ALLOWANCES IN RESPECT OF
DESTITUTE CHILDREN AND YOUNG
PERSONS—ss. 27-27D.

(ii)   by omitting from the same section the matter relating to Part VII and by inserting in lieu thereof the following matter : —

PART VII.—LICENSING OF CHILD CARE

CENTRES, CHILDREN'S DEPOTS,

HOMES AND HOSTELS AND PRIVATE

FOSTER HOMES—ss. 28-38c

(b)	(i)	by omitting subsection (1A) of section twenty- three;
(ii)	by omitting from subsection three of the same section the expression "or (1A)" ;

(iii) by omitting subsection five of the same section;

(iv)

(iv)   by inserting next after subsection six of the same section the following new subsections : —

(7) Except as provided in subsection eight of this section, payment to a foster parent for any ward shall not extend beyond the time when the ward shall have attained the school leaving age unless—

(a)	the ward is continuing to attend school with the approval of the Minister;
(b)	the ward is an invalid or is otherwise incapacitated; or
(c)	the case possesses unusual features which call for special consideration,

and the Minister authorises such payment.

(8) Subject to subsection nine of this section and for the purpose of securing educa­ tion or vocational training on a full-time basis for any person who immediately before his eighteenth birthday was a ward and in respect of whom payment to a foster parent has been extended to that birthday the Minister may, subject to such conditions and requirements as may be prescribed and to such additional conditions and requirements as the Minister in any particular case thinks fit, from time to time and for periods not exceeding six months at any one time authorise an extension of such payments as if that person were a ward.

(9) Any payment extended under the provisions of subsection eight of this section

may, at the discretion of the Minister be

discontinued or, notwithstanding the provisions of paragraph (c) of subsection one of this section, varied.

(c) by omitting from the heading to Part VI the words

"LIVING WITH PARENTS";

(d) by omitting subsection three of section twenty- seven ;

(e)

(e) by inserting next after section twenty-seven the following new sections : —

27A. (1) The Minister may, out of moneys provided by Parliament and subject to this section and such conditions as may be prescribed, grant an allowance to the person in charge of a charitable depot, home or hostel for the support of a child (not being a ward) who is an inmate of that charit­ able depot, home or hostel, while the child remains such an inmate.

(2) Application for an allowance shall be made in writing supported by a statutory declaration, in such form as the Minister may require, made by the person in charge of the charitable depot, home or hostel.

(3) Upon receipt of an application under this section the Minister shall—

(a)	cause inquiry to be made respecting such application and a report to be furnished by an officer thereon; and
(b)	if the whereabouts of the person responsible for the maintenance of the child in respect of whom the application is made are known or can be ascertained after reasonable inquiry, cause to be delivered to that person notice of his intention to consider
granting an allowance under this section.
(4) An allowance shall not be granted

unless the Minister is satisfied—

(a) that during the period of two months immediately preceding the day upon which the application for an allowance was made no payment for the maintenance of the child had been made by the person responsible therefor; and

(b)

(b) (i) that suitable action to obtain payment for the maintenance of the child was commenced—

(a)	in the case of a child who was an inmate of the charitable depot, home or hostel at the commencement of paragraph (e) of section two of the Child Welfare (Amendment) Act, 1966, before the expiration of fourteen days after that
commencement or within
such further period as the Minister may allow; or
(b)	in the case of a child admitted to the charitable depot, home or hostel after the commence­ ment of paragraph (e) of sec­ tion two of the Child Welfare
(Amendment) Act, 1966,

before the expiration of four­ teen days after that admission,

and that such action had been con­ tinued up to the time application for the allowance was made; or

(ii)   that it is impracticable to obtain payment for the maintenance of the child from the person responsible therefor.

( 5 ) Subject to this subsection the period

in respect of which an allowance may be paid shall commence upon such day as the Minister in the circumstances thinks fit, being—

(a) in a case where the child was—

(i)   committed under section eighty-two or eighty-three of this Act to the care of the person making appli­ cation for the allowance; or

(ii)

(ii)   admitted to the charitable depot, home or hostel by transfer direct from the place where he was born or received medical treatment immediately after birth,

a day not earlier than the day of admission of the child to the charitable depot, home or hostel; or

(b) in any other case, a day not earlier than one month after the admission of the child to the charitable depot, home or hostel,

but not in any case being a day earlier than the day upon which the Child Welfare (Amendment) Act, 1966, commences.

(6) (a) An allowance under this section may be approved after the expiration of the period in respect of which payment thereof would be otherwise authorised under this Part.

(b) An allowance may be granted or, as the case may be, continued notwithstanding that a child committed under section eighty-two or eighty-three of this Act to the care of the person in charge of a charitable depot, home or hostel has been or is subsequently placed by that person in the physical care of some other person and, on the written authority of the person to whom the allowance was or is granted, may be paid for the support of the child or young person to the person

in whose physical care he has been placed.

(c) Where the person in charge of a

charitable depot, home or hostel—

(i)   notifies the Minister that a child or young person in respect of whom an allowance has been applied for or granted will, for a period not exceeding eight weeks, be temporarily absent from the charitable depot, home or hostel with the leave of that person; and

(ii)

(ii)   makes arrangements satisfactory to the Minister for the maintenance of the child or young person during that absence,

the child or young person shall, during that period of absence, be deemed not to have ceased to be an inmate of the charitable depot, home or hostel if the Minister, for the purpose of enabling that person in charge to qualify for or receive payment of an allowance, so approves.

(7) For the purpose only of enabling the Minister to obtain and enforce an order for main­ tenance pursuant to the powers conferred upon him by Part XII of this Act or any other law for the time being in force relating to the maintenance of wards, a child in respect of whom an allowance is paid under this section shall be deemed to be a ward.

(8) (a) The Minister may, by order under his hand, delegate to any officer specified in the order all or any of the powers, authorities, duties and functions conferred or imposed upon him by or under this section, except this power of delegation.

(b) No person shall be concerned to see or inquire whether any act, matter or thing done or performed by any officer when purporting to act as delegate of the Minister is or is not authorised by any such delegation.

27B. (1) Where it appears to—
(a)	any officer authorised in that behalf by the Minister; or
(b)	the person in charge of the charitable depot, home or hostel,

that the welfare of any child or young person, in respect of whom an allowance is being paid under the provisions of section 27A of this Act, will be

promoted

promoted by such action, he may make application to a court for an order that the child or young person be committed to the care of the Minister to be dealt with as a ward admitted to State control.

(2) Where a child or young person is to be brought before a court under the provisions of this section, his parents and any person who is guardian or who has legal custody of such child or young person shall, if their or his whereabouts are known or unless the court otherwise orders, be notified of the hearing and shall have the right of being heard.

( 3 ) Where a child or young person is

brought before a court under the provisions of this section the court shall thereupon inquire into the matter and proceed to hear and determine the application.

(4) At every inquiry and hearing under this section the child or young person, his parent or guardian, the person in charge of the charitable depot, home or hostel and any officer authorised in that behalf by the Minister shall have the right to be heard and to call witnesses either personally or by his counsel or attorney.

(5) During the period of any adjourn­ ment of an inquiry and hearing under this section the court may direct that the child or young person be detained in a specified place of safety other than a police station or lockup.

(6) Before determining the application the court shall give consideration to reports, if tendered, setting out the details and results of investigation into the antecedents, education, developmental history, social functioning, medical history and of a recent psychological examination of the child or young person.

( 7 ) Where the court is satisfied that the

welfare of the child or young person will be pro­ moted if he is apprenticed, boarded-out, placed-out

or

or placed as an adopted boarder it shall make an order committing the child or young person to the care of the Minister to be dealt with as a ward admitted to State control.

(8) Where the court has made an order under subsection seven of this section the Minister shall cause the ward to whom the order applies to be removed from the charitable depot, home or hostel as soon as other arrangements for the care of the ward can, in the opinion of the Minister, be made.

27c. (1) Payment of an allowance under this Part may be continued beyond the time when the person in respect of whom the allowance is granted shall have attained the age of sixteen years and may be continued to the date of that person's eighteenth birthday but shall not, except as provided in subsection two of this section extend beyond the date on which that person shall have attained the school leaving age unless—

(a)	the person is continuing to attend school with the approval of the Minister;
(b)	the person is an invalid or is otherwise incapacitated; or
(c)	the case possesses unusual features which call for special consideration,

and the Minister authorises such payment.

(2) Subject to subsection three of this section and for the purpose of securing education
or vocational training on a full-time basis for

any person in respect of whom an allowance was, immediately before his eighteenth birthday, being paid under this Part the Minister may, subject to such conditions and requirements as may be prescribed and to such additional conditions and requirements as the Minister in any particular case thinks fit, from time to time and for periods not exceeding six months at any one time, authorise a continuation of such allowance.

(3)

(3) At the discretion of the Minister, the amount of an allowance continued under the provisions of subsection two of this section may be varied or the allowance may be discontinued.

27D. In this Part "charitable depot, home or hostel" means a depot, home or hostel established or maintained by a charitable organisation and used wholly or in part for purposes analogous to the purposes referred to in subsection one of section twenty-one of this Act.

(f) by omitting Part VII and by inserting in lieu thereof the following Part: —

PART VII.

LICENSING OF CHILD CARE CENTRES, CHILDREN'S

DEPOTS, HOMES AND HOSTELS AND PRIVATE

FOSTER HOMES.

28. (1) In this Part, unless the context or subject matter otherwise indicates or requires—

"Child care centre" means any premises at which a person—

(a) for fee, gain or reward; or

(b) otherwise than for fee, gain or reward, if the Minister by order applies the provisions of this Part to those premises,

receives, or in relation to which he holds

himself out as ready to receive, two or more children under the age of six years, to

none or only one of whom he is related,

for the purpose of educating, minding or caring for them for a day or part of a day without provision for residential care but does not include the abode of all, or all but one, of those children.

"Children's depot, home or hostel" means any
premises used wholly or in part for purposes

analogous to the purposes referred to in

subsection

subsection one of section twenty-one of this Act and for the care apart from a relative of six or more children.

"Conduct" in relation to a child care centre, a children's depot, home or hostel or a private foster home means to be present in person at and in charge of the relevant premises.

"License" means a license under this Part and, in relation to premises, includes a permit under section thirty-two of this Act; and "licensed" and "licensee" have corres­ ponding meanings.

"Premises" includes any land, building, vehicle

or vessel.

"Private foster home" means the premises, including his place of abode, at which a private foster parent receives or retains any child.

"Private foster parent" means any person who, whether for fee, gain or reward or not, receives and retains in his care for any periods exceeding in the aggregate fifty days in any period of twelve months, one or more but less than six children residing with him for the purpose of being cared for, nursed or maintained but does not include a person who is related to all of those children.

"Relative" in relation to any child, means a parent, grandparent, brother, sister, uncle or aunt (whether by consanguinity or affinity)	or guardian of the child; or, in the case of
an illegitimate child, a person who would be so related if the child was legitimate; and "related" has a corresponding meaning.

(2) The provisions of this Part shall not apply to a person in whose care a child has been placed—

(a) by the Minister or by the Director or an officer pursuant to Part V of this Act;

(b)

(b)	by the Aborigines Welfare Board pursuant to the Aborigines Protection Act, 1909, as amended by subsequent Acts;
(c)	by order of a competent court or, pursuant to the Testator's Family Maintenance and Guardianship of Infants Act, 1916, as amended by subsequent Acts, by deed or will; or
(d)	by the Director, a person acting on behalf of the Director, the principal officer of a private adoption agency or a person authorised in writing by such principal officer where the child has been placed in accordance with the provisions of the Adoption of Children Act, 1965.

(3) The provisions of this Part shall not apply to or in respect of premises being—

(a)	a State or certified school within the mean­ ing of the Public Instruction (Amendment) Act, 1916, as amended by subsequent Acts;
(b)	a private hospital or rest home licensed under the Private Hospitals Act, 1908, as amended by subsequent Acts, in respect of any children who are patients therein;
(c)	an incorporated hospital or separate institu­ tion within the meaning of the Public Hospitals Act, 1929, as amended by subsequent Acts;

(d)	an admission centre or mental hospital within the meaning of the Mental Health Act, 1958, as amended by subsequent Acts, or an authorised hospital within the meaning of the Mental Health Act, 1958, as amended by subsequent Acts, in respect of any children who are patients therein;
(e)	an institution that is controlled by the State and is similar to a school, children's depot, home or hostel, hospital or other establish­ ment referred to in this subsection.

29. (1) No person shall conduct or control a child care centre, a children's depot, home or hostel or a private foster home—

(a)	except under the authority of a current license granted to that person by the Minister; and
(b)	unless the premises at which the centre, depot, home or hostel, as the case may be, are conducted, are currently licensed for the purpose by the Minister.

(2) Application for a license shall be made in the prescribed form and manner and the Minister shall cause inquiry to be made respecting each application and a report to be furnished by an officer.

( 3 ) A license may be granted in the name

of an unincorporated association but, for the purposes of this Part, the person making application for such a license shall, on the grant of a license and while that person resides in New South Wales, be deemed to be the licensee until the license is revoked or until some other person appointed by the association for the purpose gives notice in writing to the Minister of his appointment and of his full name and address in which case, from the time the notice is received by the Minister, the person so appointed shall, for the purposes of this Part, be deemed to be the licensee.

(4) A license shall not be granted in the

name of an unincorporated association if the person

South Wales.	making application therefor does not reside in New
(5) The Minister upon receiving the report referred to in subsection two of this section may grant or refuse a license and shall give notice of his decision in writing to the applicant and any existing licensee in respect of the premises.
(6) Every license shall be subject to such conditions and requirements as may be prescribed and to such additional conditions and requirements

as

as the Minister, in any particular case, thinks fit and specifies in the notice given under subsection five of this section and, where the license is in respect of premises, the license—

(a)	shall be endorsed with particulars of the maximum number of children in specified age groups, authorised to be received in the premises at any time; and
(b)	may specify the name of a particular child or particular children for whose care the license has been granted.

(7) Notwithstanding anything contained in this section, the Minister may authorise a specified person to conduct or control a child care centre, a children's depot, home or hostel or a private foster home for a specified period during an absence through illness or otherwise of the licensee or pending the appointment of a successor to the licensee and the person so authorised shall, unless the authority is sooner revoked by the Minister, be deemed to be licensed under this Part in respect of those premises for the period so specified.

30. (1) The Minister may, at any time, vary any conditions or requirements imposed by him under subsection six of section twenty-nine of this Act.

(2) Subject to subsection four of this section the Director may, at any time, suspend or revoke any license—

(a) at the request of the licensee;

(b)	on the ground that the licensee is no longer a fit and proper person to conduct or control a child care centre, a children's depot, home or hostel or a private foster home, as the case may be;
(c)	on the ground that the licensee has con­ travened or failed to comply with—

(i)   a provision of this Act or of the regulations that is applicable to him or to the premises at which he

conducts,

conducts, or in respect of which he controls, a child care centre, a children's depot, home or hostel or a private foster home, as the case may be; or

(ii) any condition or requirement

imposed by the Minister under subsection six of section twenty- nine of this Act;

(d)	on the ground that the licensee has ceased to conduct or control or that the licensed premises are no longer used to conduct, a child care centre, a children's depot, home or hostel or a private foster home, as the case may be, or that a child specified in the license is no longer cared for in the licensed premises;
(e)	on the ground that no person is licensed to conduct the child care centre, children's depot, home or hostel or private foster home, as the case may be; or
(f)	on the ground that there are no premises in respect of which the licensee is authorised to conduct or control a child care centre, a children's depot, home or hostel or a private foster home, as the case may be.

( 3 ) Where the Minister has varied any

condition or requirement imposed by him, he shall

licensees in respect of the premises of such variation.	give notice to the relevant licensee and all other
(4) Where the ground specified in para­ graph (c) of subsection two of this section has arisen the Director shall give to the relevant licensee and all other licensees in respect of the premises notice in writing that unless the conditions and requirements specified in the notice are complied with within a specified time the license will be suspended or revoked, as the case may be, and the

Director

Director may, at the expiration of the time so specified and after considering any representations made by the licensee or licensees, thereupon sus­ pend or revoke the license.

(5) Where the Director has revoked or suspended a license he shall give notice of such suspension or revocation to the persons who were conducting or controlling the premises.

31. (1) Where the Director has suspended or revoked a license under paragraph (b) or (c) of subsection two of section thirty of this Act, the licensee or former licensee, as the case may be, may appeal to the district court nearest the premises in respect of which the license is or was held, against the decision of the Director.

(2) Notice in writing of intention to appeal and the general grounds of the appeal shall be given by the appellant to the registrar of the court and the Director within twenty-one days of service of the notice of the decision.

(3) On the hearing of an appeal under this section, the court shall review the decision of the Director and may order that the decision of the Director be confirmed, or order that the license be restored subject to such conditions and require­ ments as may be prescribed and to such additional conditions and requirements as the court thinks fit and specifies in its order.

(4) Without prejudice to the operation of section thirty-two of this Act, nothing in this Act shall be construed as preserving the operation of a suspended or revoked license pending the result of an appeal under this section.

32. (1) Where the Minister—

(a)	has caused inquiry to be made respecting an application for a license; or
(b)	has, otherwise than pursuant to subsection two of this section, refused a license in
respect of premises, or

or where the Director has suspended or revoked a license in respect of premises, the Minister may grant the applicant, licensee or former licensee, as the case may be, a permit allowing the use of the premises for the purposes specified in the permit upon such terms and conditions as the Minister may think fit, for such period, not exceeding six months, as may be specified in the permit and for such further periods, if any, as the Minister may from time to time allow, but so that the permit does not remain in force for a total period exceeding two years.

(2) The Minister may at any time revoke a permit granted under this section and, where the permit has been granted pending inquiry respecting an application for a license, shall thereupon grant or refuse a license in respect of the premises.

( 3 ) The Minister shall give notice in

writing to the applicant, licensee or former licensee, as the case may be, of his decision to grant, extend or revoke a permit issued in accord­ ance with this section.

3 3 . Every person who conducts or controls a child care centre, a children's depot, home or hostel or a private foster home in contravention of subsection one of section twenty-nine of this Act shall be guilty of an offence against this Act and liable to a penalty not exceeding fifty dollars and to a further penalty not exceeding ten dollars for

every day after conviction during which the offence

continues.

3 4 . Any child—

(a) who is an inmate of or is in attendance at a child care centre, a children's depot, home or hostel or a private foster home in respect of which there is no current license; or

(b)

(b) who is an inmate of or is in attendance at a child care centre, a children's depot, home or hostel or a private foster home conducted or controlled by a person who is not licensed to conduct or control that centre, depot, home or hostel, as the case; may be,

shall, if the whereabouts of the parent or guardian of the child are known, be forthwith removed therefrom by, or by some person on behalf of, his parent or guardian on the request of an officer and if not so removed, or if the whereabouts of his parent or guardian are unknown, shall be deemed to be a neglected child within the meaning of this Act and may be dealt with in accordance with the pro^ visions of Part XIV of this Act.

35. ( 1 ) For the purpose of making any inquiry and report under section twenty-nine of this Act respecting any premises or, where the premises are licensed, for the purpose of ensuring that the provisions of this Act, the prescribed conditions and requirements or the conditions and requirements imposed by the Minister or a court are complied with, any officer may, at any time, without warrant enter the relevant premises and inspect them and the children who are inmates thereof or in attendance thereat; and the person in charge of the premises shall afford all reasonable facilities for such inspection.

(2) In making any inspection the officer

may, if he thinks fit, be accompanied by a medical

practitioner or police constable or both, and such medical practitioner or police constable may inspect the premises and examine the children who are inmates thereof or in attendance thereat.

36. ( 1 ) No person shall, without an order of a court specifying the terms on which the child- may be received, receive into his care any child to rear, nurse or otherwise maintain apart from his

mother

mother or other parent, in consideration of the payment to such person of any sum of money or other valuable consideration otherwise than by way of periodical instalments. No such instalments shall be paid for more than four weeks in advance nor exceed the sum of twelve dollars per week or such other sum as may be approved by the Minister in a particular case from time to time. Any person receiving or agreeing to receive pay­ ment contrary to this section shall be guilty of an offence against this Act.

(2) This section shall not apply to the person in charge or to officials of any institution supported wholly or in part by public subscription, or by private charity where such institution is open to State inspection, or controlled by the State; nor to any person or institution exempted for the time being from the operation of this section by the Minister.

(3) The Director shall, if required, receive from anyone wishing to place a child in the care of the person licensed to conduct a children's depot, home or hostel or private foster home a sum of money from which he shall make to such licensee such payments, not exceeding the instalments specified in subsection one of this section, as may be agreed upon.

immediately after the death in such premises of any 37. (1) The licensee of any premises shall,

child give notice of such death to the officer in

charge at the nearest police station and to the
Director.

(2) Such officer in charge of police shall make inquiry and report to the coroner for the district, or if the exigencies of the case so require to a justice, whether an inquest or magisterial inquiry respecting the cause of death is necessary.

38. The regulations may—

(a)	prescribe the conditions and requirements of licenses and the form of such licenses;
(b)	prescribe minimum standards to be observed and facilities to be provided to ensure the health, comfort, safety and proper care of children received in licensed premises;
(c)	prescribe the records, forms or registers to be completed and maintained in respect of children received in or discharged from licensed premises;
(d)	prescribe conditions or requirements in respect of the qualifications and experience subject to which a licensee may employ persons caring for children in licensed premises or otherwise employed therein;
(e)	prescribe all matters that by this Part are required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to this Part.

38A. On and from the day upon which paragraph (f) of section two of the Child Welfare (Amend­ ment) Act, 1966, commences a license granted under Part VII of this Act, as enacted immediately before that day, shall be deemed to be a license granted under this Part, but only in respect of the premises to which it applied immediately before that commencement.

38B. (1) Every applicant for a license shall, upon making application therefor, furnish the Director with an address for the service of notices and every such applicant and every licensee shall notify the Director of any change in that address.

(2) Any notice required or authorised by this Act to be given to an applicant or licensee shall be sufficiently given—

(a)	if delivered personally to the applicant or
licensee; or (b)

(b)	if left for the applicant or licensee at the address for service furnished or last notified, as the case may be, to the Director; or
(c)	if sent by post in a prepaid letter addressed to the applicant or licensee at the address for service furnished or last notified, as the case may be, to the Director,

and if given pursuant to paragraph (c) of this subsection, shall be deemed to have been given at the time when it would, in the ordinary course of post, be delivered.

38c. A certificate purporting to be signed by the Director or by an officer authorised by him in that behalf and to certify that—

(a) on a specified day or days or during the whole of a specified period—

(i)   a license was or was not in force in relation to particular premises or deemed so to be;

(ii)   a particular person was or was not, in relation to particular premises, the holder of a license or deemed so to be; or

(iii)   the particulars set out in the certificate were the particulars specified in the license in force or deemed so to be in relation to a particular person or particular

premises; or

(b) on a specified day, a specified license was suspended or revoked or that an authority given under subsection seven of section twenty-nine of this Act or a permit granted under section thirty-two of this Act expired or was revoked,

shall, without proof of the signature of the person purporting to sign the certificate or of his authority to do so, be prima facie evidence of the matters certified in and by such certificate.

(1) In this section "ward" means a child or young person who was admitted to State control under the provisions of paragraph (b) of subsection (1A) of section twenty-three of the Child Welfare Act, 1939, as amended by subsequent Acts.

3.

(2) A ward who, immediately before the commence­ ment of this Act, was an inmate of a charitable depot, home or hostel shall, on and from such commencement, be discharged from supervision and control.

(3) Where, immediately before the commencement of this Act, payment is being made by the Minister under paragraph (c) of subsection one of section twenty-three of the Child Welfare Act, 1939, as amended by subsequent Acts, in respect of a ward referred to in subsection two of this section the Minister shall, on and from the commence­ ment of this Act, be deemed to have granted in respect of that child or young person an allowance under section 27A of the Child Welfare Act, 1939, as amended by subsequent Acts and by this Act.

(4) For the purposes of subsection two of this section a ward shall be deemed to be an inmate of a charitable depot, home or hostel notwithstanding that, having been committed under section eighty-two or eighty-three of the Child Welfare Act, 1939, as amended by subsequent Acts, to the care of the person in charge of that charitable depot, home or hostel he has been placed by that person in the care of some other person.

(1) On and from the day appointed under subsection three of section one of this Act—

4.

(a) a permit, current until the day a license is granted or refused pursuant to an application made under Part VII of the Child Welfare Act, 1939, as amended by subsequent Acts and by this Act, or until the day appointed under subsection two of this section, whichever day is the earlier, shall be deemed to have been granted under that Part in respect of premises at which a child care centre,

children's

children's depot, home or hostel or a private foster home (not being a place licensed pursuant to section 38A of that Act, as so amended) is on that day being conducted and the provisions of that Part shall have effect accordingly; and

(b) a person conducting or controlling a child care centre, children's depot, home or hostel or a private foster home on that day shall, until the day a license for that person is granted or refused pur- suant to an application made under Part VII of the Child Welfare Act, 1939, as amended by subse- quent Acts and by this Act, or until the day appointed under subsection two of this section, whichever day is the earlier, be deemed to be licensed under that Part, and shall be subject to the provisions thereof accordingly.

(2) This section shall cease to have effect upon a day to be appointed by the Governor and notified by proclamation published in the Gazette, being a day not earlier than the day appointed under subsection three of section one of this Act.