Child Welfare (Amendment) Act 1977 (NSW)
| CHILD | W E L F A R E | ( A M E N D M E N T ) | A C T , | 1977 |
ANNO VICESIMO SEXTO
ELIZABETHE II REGINE
Act N o . 2 0 , 1 9 7 7 .
| An Act to amend the Child Welfare Act, 1939, to make further provision in relation to neglected children and children who have been assaulted, ill-treated or exposed, and in certain other respects; and to validate certain matters. [Assented to, 24th March, 1977.] | BE |
Council and Legislative Assembly of New South Wales in BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Parliament assembled, and by the authority of the same, as follows:—
1. This Act may be cited as the "Child Welfare (Amendment) Act, 1977".
2. (1) Except as provided in subsections ( 2 ) - ( 6 ) , this Act shall commence on the date of assent to this Act.
(2) Section 6 shall, in its application to a provision of Schedules 1-5, commence on the day on which that provision commences.
(3) Schedules 2 and 3 and the several provisions of Schedules 4 and 5 shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
(4 ) Sections 10 and 11 shall commence on the day on which Schedule 2 commences.
(5) Section 12 (1) shall commence on the day on
which Schedule 5 (1) commences.
(6 ) Section 12 (2) shall commence on the day on which Schedule 5 (2) commences.
3. The Child Welfare Act, 1939, is in this Act referred to
as the Principal Act.
In this Act, "appointed day" means the day on which Schedule 2 commences.
4.
5 . This Act contains the following Schedules :—
SCHEDULE 1 .—AMENDMENT TO PART I OF THE
CHILD WELFARE A C T , 1939.
SCHEDULE 2 . — A M E N D M E N T S TO PART IX OF THE
CHILD WELFARE A C T , 1939.
SCHEDULE 3 . — A M E N D M E N T S TO PART X OF THE
CHILD WELFARE A C T , 1939.
SCHEDULE 4 . — A M E N D M E N T S TO PART XIV OF THE
CHILD WELFARE A C T , 1939.
SCHEDULE 5 . — A M E N D M E N T S TO PART XVII OF THE CHILD WELFARE A C T , 1939.
6 . The Principal Act is amended in the manner set forth
in Schedules 1-5.
7. (1 ) Section 3 of the Child Welfare (Amendment) Act, 1967, shall be deemed to have commenced on 1st January, 1974.
(2) For the purpose of removal of doubt it is declared
| that— |
(a) the provisions of section 10 of the Youth and Community Services Act, 1973, in so far as they effect the amendment specified in Part 2 of the Schedule to that Act, and of Part 2 of that Schedule, commenced; and
(b) the provisions of Part 1 of that Schedule amending the Child Welfare (Amendment) Act, 1967, took
effect,
on 1st February, 1974.
8. (1 ) In this section, "relevant period" means the interval of time commencing with 1st January, 1974, and continuing until the expiration of the period of 3 months commencing with the appointed day.
(2) Any act, matter or thing that has been, or is, done or omitted to be done during the relevant period by—
(a ) the Governor;
(b)
the Minister for the time being administering the Principal Act ; or
(c) an officer or employee of the Crown,
that—
(d) would have been, or would be, lawfully done or omitted to be done— (i) if section 3 of the Child Welfare (Amend ment) Act, 1967, had commenced on 1st January, 1974; or
(ii) in relation to a person, if that section had commenced on 1st January, 1974, and an order that could have been made in respect
Principal Act had been or were in force in of the person under section 46 or 47 of the respect of the person at the time when the act, matter or thing was, or is, done or
omitted to be done; and(e)
would not have been, or would not be, lawfully done or omitted to be done if this section had not been enacted,
is validated or authorised, as the case may require.
Any act, matter or thing that has been, or is, done or
omitted to be done before the appointed day by persons
appointed under section 44 of the Principal Act, that —
9.
(a) could have been, or could be, lawfully done or omitted to be done by persons appointed under section 43A of the Principal Act, as amended by section 6 and Schedule 2, if the Principal Act, as so amended, had been or were in force at the time when the act, matter or thing was done or omitted to be done; and (b) could not have been, or could not be, lawfully done or omitted to be done if this section had not been enacted,
is validated or authorised, as the case may require, and shall be deemed to have had and to have, or to have, the same consequences as if it had been or were lawfully done or omitted to be done.
10. (1) A person who, immediately before the appointed
day, held office as a member of the Intellectually Handicapped Persons Review Tribunal under Part IX of the Principal Act shall, on that day, be deemed to have been appointed under section 43A (2) of that Act, as amended by this Act, as a member of the Intellectually Handicapped Persons Review Panel for a term of 3 years commencing with the appointed day.
(2) A person who, immediately before the appointed
day, held office as Chairman or Deputy Chairman of the Intellectually Handicapped Persons Review Tribunal under Part IX of the Principal Act shall, on that day, be deemed to have been appointed under section 43A (4 ) of that Act, as amended by this Act—
(a) in the case of the person who held office as
Chairman—as President of the Intellectually Handicapped Persons Review Tribunals; and
(b)
(b)
in the case of the person who held office as Deputy Chairman—as Deputy President of the Intellec tually Handicapped Persons Review Tribunals.
11. (1 ) In this section, "Part IX" means Part IX of the
Principal Act, as amended by this Act.
(2 ) Where at any time during the period of 3 months commencing with the appointed day, the Minister is satisfied that—
(a)
a person who, at any time occurring after 31st December, 1973, but before the appointed day, has been—
(i) admitted to State control;
(ii) committed to the care of the Minister to be dealt with as a ward admitted to State control; or
(iii) committed to an institution within the meaning of the Principal Act, as amended by this Act,
is intellectually handicapped to such a degree that he requires, otherwise than for continuous medical treatment or attention in a hospital, care, protection or supervision in his own interests or in the interests
of others; and (b) the interests of the person would be promoted if he were dealt with as an intellectually handicapped person under the provisions of Part IX,
the Minister may make an order that the person be dealt with under the provisions of Part IX as an intellectually handicapped person and such an order shall, subject to subsection ( 4 ) , be deemed to have been duly made under section 46 of the Principal Act.
(3 )
(3 ) Before he makes an order in respect of a person
under subsection ( 2 ) , the Minister shall—
(a) if he knows the name and address of either parent of the person—serve notice on the parent, either personally or by post, of his intention to make the order; and (b) if he has served a notice under paragraph (a)— consider any representations made to him by any person in respect of the firstmentioned person within 10 days of the date of service of the notice.
(4) Where an order is made under this section, Part IX has effect in relation to the order as if that Part had been amended—
(a)
by omitting from section 48A (1) (b) the words "two years," and by inserting instead the words "two years; or" ;
(b)
by inserting after section 48A (1) (b) the following paragraph :—
(c)
notwithstanding paragraphs (a) and (b), remain in force, if the order has been made under section 11 (2) of the Child Welfare (Amendment) Act, 1977, for a period of
3 months,
(c) by inserting in section 48A (1) after the words "two years" where secondly occurring, the words "or 3 months"; (d) by inserting after section 48A (5) the following subsection :— (5A) A Tribunal may not make an interim determination under subsection (5) renewing an order made under section 11 (2) of the Child Welfare (Amendment) Act, 1977.
12. ( 1 ) Notwithstanding section 1 2 6 of the Principal
Act, as amended by this Act, where a child—
(a)
committed an offence before the day on which this subsection commences; and
(b)
had, at the time he committed the offence, attained the age of eight years,
he may be found guilty of the offence.
( 2 ) Notwithstanding section 132 (1) of the Principal
Act, as amended by this Act, a person who, on or after the day on which this subsection commences, is found guilty of an offence committed against the Principal Act before that day shall not be liable to any greater penalty than that to which he would have been liable if he had been found guilty of the offence immediately after he had committed it.
SCHEDULE 1.
AMENDMENT TO PART I OF THE CHILD WELFARE A C T , 1 9 3 9 . Section 4 ( 3 ) —
After section 4 ( 2 ) , insert: — ( 3 ) A reference in this Act to a "constable" or a "constable of police" includes, and shall be deemed to have always included, a reference to any member of the police force.
SCHEDULE 2.
AMENDMENTS TO PART IX OF THE CHILD WELFARE A C T ,
1939.
| (1 ) | ( a ) | Section 43 ( 1 ) , definition of "Deputy President"— |
After the definition of "Court", inser t :—
"Deputy President" means the Deputy President of the Tribunals.
(b) Section 43 ( 1 ) , definition of "Member"—
After the definition of "Intellectually handicapped
person", inser t :—
"Member" means a member of the Review
Panel.
(c)
Section 43 (1), definitions of "President" and "Review Panel"—
After the definition of "Organisation", inse r t :—
"President" means the President of the
Tribunals.
"Review Panel" means the Intellectually
Handicapped Persons Review Panel referred to in section 43A ( 1 ) .
(d ) Section 43 ( 1 ) , definition of "Tribunal"—
Omit the definition, insert instead :—
"Tribunal" means an Intellectually Handi
capped Persons Review Tribunal established under section 44 ( 2 ) .
SCHEDULE 2—continued.
AMENDMENTS TO PART IX OF THE CHILD WELFARE A C T ,
1939—cont inued.
( 2 ) Sections 4 3 A - 4 3 D — After section 4 3 , insert: —
4 3 A . ( 1 ) There shall be an Intellectually Handi capped Persons Review Panel.
( 2 ) Subject to this section, the Governor
may appoint persons as members of the Review
Panel.
( 3 ) The members shall be appointed from
one or more of the following classes of persons :—
(a) medical practitioners;
(b) barristers and solicitors;
(c)
persons having knowledge of and experience in administration;
(d)
persons having knowledge of and experience in education;
(e)
persons having knowledge of and experience in psychology;
(f) persons having knowledge of and experience in social work; (g) persons in the opinion of the Governor having other suitable qualifications or experience. (4 ) Of the members— (a) one shall be appointed as President of the Tribunals; and
SCHEDULE 2—continued.
AMENDMENTS TO PART I X OF THE CHILD WELFARE A C T ,
1939—cont inued.
(b) one shall be appointed as Deputy President of the Tribunals,
in the instrument or instruments appointing them as members or by a subsequent instrument or instruments executed by the Governor.
(5 ) A person—
(a)
who is a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, or a person under detention under Part V I I of that Act ; or
(b)
who is bankrupt, is applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, whose debts are sub ject to a composition with his creditors, or whose fees or allowances would, upon his appointment, be subject to an assignment for their benefit,
is not eligible to be appointed as a member.
(6 ) The Public Service Act, 1902, does not
apply to or in respect of the appointment of a member and a member is not, in his capacity as a member, subject to that Act while he holds office as a member.
43B . (1) Subject to subsection ( 4 ) , a member shall hold office for the period of 3 years commencing with the day from which he is declared to be appointed in the instrument appointing him or such shorter period as may be specified in that instrument and may, if he is otherwise eligible, be re-appointed as a member.
SCHEDULE 2—continued.
AMENDMENTS TO PART IX OF THE CHILD WELFARE A C T ,
1939—continued.
(2) A member shall be paid such fees and allowances as may from time to time be determined in respect of him by the Governor.
(3 ) The Governor may, for any cause that
to him seems sufficient, remove a member from office.
(4 ) A member shall be deemed to have
vacated his office if he—
(a) dies;
(b)
resigns his office by writing under his hand addressed to the Governor;
(c)
becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his fees or allowances, or estate, for their benefit;
(d)
becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the
Mental Health Act, 1958, or a person under detention under Part VII of that Act ;
or
(e) is removed from office by the Governor.
43c. (1) A President or Deputy President holds his office until he ceases to be a member and is eligible, if he is re-appointed as a member, to be appointed or re-appointed, as the case may be, as President or Deputy President.
SCHEDULE 2—continued.
AMENDMENTS TO PART I X OF THE CHILD WELFARE A C T ,
1939—continued.
(2) A Deputy President may exercise or perform the powers or duties of a President under this Part—
(a) if the President—
(i) delegates his powers and duties to the Deputy President (which the President is hereby authorised to d o ) ;
(ii) is absent from the State; or
(iii) is prevented by illness or other incapacity from exercising or performing his powers or duties under this Par t ; or
(b) if there is no person holding the office of President.
(3 ) No person shall be concerned to inquire whether or not any occasion has arisen authorising a Deputy President to exercise or perform the powers or duties of a President and all acts or things done
or omitted to be done by a Deputy President when exercising or performing those powers or duties shall
be as valid and shall have the same consequences asif they had been done or omitted to be done by a
President.43D. (1 ) A delegation under section 43c (2) (a ) (i) shall be by instrument in writing and may be made subject to such conditions or such limitations as to the exercise or performance of the power or duty delegated, or as to time or circumstances, as may be specified in the instrument of delegation.
S C H E D U L E 2—continued.
AMENDMENTS TO PART I X OF THE CHILD WELFARE A C T ,
1939—continued.
(2 ) A power or duty, the exercise or per formance of which has been delegated under section 43c (2) (a) (i) may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the terms of the delegation.
(3) Sections 4 4 - 4 4 J — Omit section 44, insert instead : —
44. (1) The President may establish an Intellec tually Handicapped Persons Review Tribunal—
(a) generally for the purposes of section 48A, 48B or 48G ; or
(b) for the purposes of—
(i) any class of cases; or
(ii) any particular case,
that may arise or arises under any one or
more of those sections.
(2) The President establishes a Tribunal by— (a)
appointing members to the Tribunal so that the Tribunal is constituted in accordance with this section;
(b)
where the President and the Deputy Presi dent are not among the members so appointed—nominating one of those mem bers as chairman of the Tribunal; and
SCHEDULE 2—continued.
AMENDMENTS TO PART I X OF THE CHILD WELFARE A C T ,
1939—continued.
(c) notifying the members so appointed, or causing those members to be notified, of their appointment and the purpose for which the Tribunal has been established.
(3) A Tribunal shall consist of not less than 3 nor more than 5 members.
44A. (1 ) The procedure for the conduct of business of a Tribunal shall, subject to this Part and any rules made under subsection ( 5 ) , be as deter mined by the Tribunal.
(2) At a meeting of a Tribunal—
(a)
if he has been appointed to the Tribunal— the President;
(b)
if the President has not been appointed to the Tribunal but the Deputy President has been so appointed—the Deputy President; or
(c)
if a chairman for the Tribunal has been nominated under section 44 (2) (b)—that
member,
shall preside as chairman of the Tribunal.
(3) Subject to section 48A, a Tribunal may from time to time adjourn its proceedings to such times, dates and places and for such reasons as it thinks fit.
(4) The chairman of a Tribunal shall, in the event of an equality of votes at a meeting of the Tribunal, have a second or casting vote.
SCHEDULE 2—continued.
AMENDMENTS TO PART I X OF THE CHILD WELFARE A C T ,
1939—continued.
(5) Five members, who shall include the President or Deputy President, or both, may make rules not inconsistent with this Part for or with respect to the convening of and procedure at meetings of a Tribunal.
44B. A Tribunal is not bound by the rules or practice as to evidence and may inform itself of any matter in such manner as it thinks fit.
44c. (1) The chairman of a Tribunal may—
(a) by instrument in writing under his hand, require any person on whom the instrument is served personally or by post— (i) to appear before the Tribunal for the purpose of giving evidence; or
(ii) to produce to the Tribunal any document (including a document in the possession of, or belonging to, the Crown) that is relevant to the purpose for which the Tribunal was
established,
at a time, date and place specified in the
instrument;
(b)
require a person who appears before the Tribunal to be sworn for the purpose of his giving evidence on oath; and
(c)
administer an oath referred to in paragraph ( b ) .
S C H E D U L E 2—continued.
AMENDMENTS TO PART I X OF THE CHILD WELFARE A C T ,
1939—continued.
(2) Where a document is produced to a Tribunal in response to a requirement made under subsection ( 1 ) , the Tribunal may take possession of the document for such period as it considers necessary for the purposes of the Tribunal.
44D. (1) Any member of a Tribunal may require a person (including an officer or employee of the Crown) who appears before the Tribunal to answer a question that is reasonably related to the purpose for which the Tribunal was established.
(2) A person is not excused from answering a question put to him by a member of a Tribunal on the ground that the answer might tend to incriminate him but, where the person claims, before answering the question, that the answer might tend to incriminate him, neither the question nor the answer is admissible in evidence against him in criminal pro
ceedings other than proceedings under section 44E
(c) or in relation to a charge of perjury in respect
of the answer.
44E . A person who— (a) refuses, fails or neglects to comply with a requirement made of him by— (i) the chairman of a Tribunal under
section 44c (1) (a ) or ( b ) ; or
(ii) any member of a Tribunal under
section 44D ( 1 ) ,
to the extent to which he is lawfully able
to comply with the requirement;
S C H E D U L E 2—continued.
AMENDMENTS TO PART I X OF THE CHILD WELFARE A C T ,
1939—continued.
(b) in purported compliance with a require ment made of him by the chairman of a Tribunal under section 44c (1) (a ) ( i i ) , knowingly furnishes information that is false or misleading in a material particular; or
(c) not having been sworn, makes a statement that is false or misleading in a material particular when he is appearing before the Tribunal,
shall be guilty of an offence against this Act and
liable to a penalty not exceeding $100.44F . (1) A person, other than an officer, who is required to appear or to give evidence during pro ceedings of a Tribunal is entitled to be paid such allowances and expenses as the Minister may determine in respect of him.
Defamation Act, 1974, the proceedings of a Tribunal (2) For the purposes of section 18 of the shall be deemed to be an inquiry within the meaning of that section. (3) A duly qualified legal practitioner acting for a person required to give evidence during proceedings of a Tribunal may—
(a) be present during those proceedings; and
SCHEDULE 2—continued.
AMENDMENTS TO PART I X OF THE CHILD WELFARE A C T ,
1939—continued.
(b)
to the extent that the chairman of the Tribunal permits—
(i) address the Tribunal; and
(ii) examine the person for whom he is acting,
in relation to matters in respect of which a member of the Tribunal has questioned that person.
44G. (1 ) A decision supported by a majority of votes cast at a meeting of a Tribunal shall be the decision of the Tribunal.
( 2 ) When a Tribunal makes a decision in the
exercise or performance of its powers or duties under section 4 8 A or 4 8 B , each of its members shall record his reasons for casting his vote on the decision and the chairman of the Tribunal shall then cause a record of those reasons to be conveyed to the Director.
( 3 ) No decision of a Tribunal shall be
vitiated by reason only of any informality or want of
form. 4 4 H . ( 1 ) The chairman of a Tribunal shall cause a record of the proceedings of a meeting of the Tribunal to be—
(a) made in the prescribed manner; and
(b)
conveyed to the Director as soon as is practicable after the conclusion of the meeting.
S C H E D U L E 2—continued.
AMENDMENTS TO PART I X OF THE CHILD WELFARE A C T ,
1939—continued.
(2 ) The Director shall cause records con
veyed to him under subsection (1 ) and section 44G
(2) to be preserved for the prescribed period of time
after he receives them.44I. The President for the time being may dissolve a Tribunal by giving notice or causing notice to be given of its dissolution personally or by post to the members who have been appointed to the Tribunal—
(a)
when the purpose for which the Tribunal was established has been achieved; or
(b) on any other reasonable grounds.
44J. NO proceedings lie against a Tribunal or a member for or on account of any act, matter or thing done or ordered to be done by the Tribunal or member, and purporting to be done for the purposes of carrying out the provisions of this Part, if the Tribunal or member has acted in good faith and with reasonable care.
(4 ) (a) Section 48A ( 2 ) — Omit "two months", insert instead "3 months". (b) Section 48A ( 2 ) —
Omit "Tribunal and request for the reasons stated that the order be renewed", insert instead "President or, if there is no President for the time being, to the Deputy President and request for the reasons stated that the order be renewed by a Tribunal".
SCHEDULE 2—continued.
AMENDMENTS TO PART I X OF THE CHILD WELFARE A C T ,
1939—continued.
(c) Section 48A ( 2 A ) —
After section 48A ( 2 ) , inse r t :— (2A) When the President or Deputy President receives reports and a request under subsection (2) he shall refer them to a Tribunal.
(d ) Section 48A ( 3 ) — After "Tribunal", insert "to which the request has been referred".
(e) Section 48A ( 4 ) —
Omit "the Tribunal" where firstly occurring, insert instead "a Tribunal".
(f) Section 48A ( 5 ) —
Omit "the order" where firstly occurring, insert instead "an order".
(g) Section 48A ( 5 ) . ( 6 ) — Omit "the Tribunal" wherever occurring, insert
instead "a Tribunal".
| ( 5 ) | (a ) Section 48B ( 3 ) — |
Omit "the Tribunal for", insert instead "the President, or if there is no President for the time being, to the Deputy President and request that".
(b) Section 48B ( 3 ) —
After "Part", insert "be made by a Tribunal".
SCHEDULE 2—continued.
AMENDMENTS TO PART IX OF THE CHILD WELFARE A C T ,
1939—continued.
(c) Section 48B ( 3 A ) —
After section 48B ( 3 ) , insert:—
(3A) When the President or Deputy President receives a request under subsection (3) he shall refer it to a Tribunal.
(d) Section 48B ( 4 ) —
Omit "made to the Tribunal", insert instead
"referred to a Tribunal".
(e) Section 48B ( 5 ) —
Omit "the Tribunal", insert instead "a Tribunal".
(f) Section 48B ( 6 ) —
Omit "The Tribunal if", insert instead "If".
(g) Section 48B ( 6 ) —
Omit "the Tribunal may", insert instead ", the Tribunal to which the application has been
referred may".
(6) Section 48G ( 4 ) —
Omit "the Tribunal" wherever occurring, insert instead "a Tribunal".
SCHEDULE 3.
AMENDMENTS TO PART X OF THE CHILD WELFARE
ACT, 1939.
(1) Section 54 (1 )—
Omit the subsection.
(2) Section 54 (2)—
Omit "but has not been so committed for a specified term".
(3) Section 54 (3 )—
Omit "subsections one and two of this section", insert instead "subsection (2)".
(4) Section 54 (3 )—
Omit "section ninety-four of this Act", insert instead
"section 94".
| (5) Section 54 (3 )— |
Omit "subsection four of this section", insert instead
"subsection (4)".SCHEDULE 4.
AMENDMENTS TO PART XIV OF THE CHILD WELFARE
ACT, 1 9 3 9 .
( 1 ) Sections 81B, 8 1 C — After section 81A, insert :—
81B. ( 1 ) In this section, "court" includes a court
hearing or determining an appeal from a determina
tion or an order made by—
(a) a magistrate; or
(b) justices,
exercising the jurisdiction of a children's court.
(2) Where a child has been brought before a court as a neglected child and—
(a) the complaint in respect of which he has been so brought alleges that he has been ill-treated or exposed; or (b) evidence has been presented to the court that the child has been assaulted,
the court, in hearing and determining the matter, may act upon any statement, document, information or matter that may, in its opinion, assist it to deal with
the complaint, whether or not the statement, document, information or matter would be admissible
in evidence.81c. Subject to section 81B, where a child or young person is—
(a)
brought before a court as a neglected child or an uncontrollable child or young person; or
(b) is charged with an offence,
SCHEDULE 4—continued.
AMENDMENTS TO PART XIV OF THE CHILD WELFARE ACT,
1939—continued.
the court, in hearing or determining the matter or charge, shall not admit in evidence or act upon any statement, confession, admission or information made or given by the child or young person at a police station unless there was present throughout the period of time during which the statement, confession, admission or information was made or given—
(c) one of his parents;
(d)
a person aged 18 years or upwards who has his guardianship; or
(e)
with the consent of one of the persons referred to in paragraph (c) or (d)—a person aged 18 years or upwards who is not—
(i) one of those persons; or
(ii) a member of the police force.
(2) Section 82 (2 )—
At the end of section 82, insert:— (2) If a court finds that a child is a neglected child it may release the child—
(a)
upon such terms and conditions as the court may think fit and as are willingly undertaken to be observed by the child's parents, one of the child's parents or another person approved by the court; and
SCHEDULE 4—continued.
AMENDMENTS TO PART XIV OF THE CHILD WELFARE ACT,
1939—continued.
(b)
for such period of time (whether expiring before or after the date upon which the child attains the age of 16 years) as the court may think fit.
(3) (a) Section 83 (4)—
Omit "paragraph (e) of section eighty-two", insert instead "section 82 (1) (e)".
(b) Section 83 (7)—
Omit "eighty-two of this Act", insert instead "82
(1)".
(4) Section 84 (1 )—
Omit "eighty-two or section eighty-three of this Act", insert instead "82 (1) or 83".
(5) Section 89 (3)—
Omit "the Intellectually", insert instead "an Intellectually".
( 6 ) (a) Section 90 (1)- Omit "paragraph (c) of section eighty-two or paragraph (b) of subsection one or paragraph (b) of subsection two of section eighty-three of this Act", insert instead "section 82 (1) (c) or section 83 (1) (b) or (2) (b)" .
SCHEDULE 4—continued.
AMENDMENTS TO PART X I V OF THE CHILD WELFARE ACT
1939—continued.
(b) Section 90 (2)—
Omit "paragraph (b) of section eighty-two or paragraph (a) of subsection one or paragraph (a) of subsection two of section eighty-three of this Act", insert instead "section 82 (1) (b) or (2) or section 83 (1) (a) or (2) (a)".
| (7) | Section 91 (1), ( 1 A ) — |
Omit the subsections, insert instead :—
(1) Where—
(a) a person who, as a child or young person was, under section 82 (1) or section 83 (1) or (2) , released on probation or was com mitted to the care of a person, breaks or is reasonably suspected of having broken the terms or conditions of his release or committal; or (b) a person was, as a child, under section
observe any terms or conditions that have his parents or another person undertaking to 82 (2), released upon his parents, one of been broken or are reasonably suspected of
having been broken,
he may (whether or not a warrant has been issued under subsection (1A)) be apprehended by any constable or by any officer authorised by the Minister in that behalf and shall, upon being so apprehended, be taken to a shelter and shall, as soon as practicable thereafter, be brought before a court.
SCHEDULE 4—continued.
AMENDMENTS TO PART X I V OF THE CHILD WELFARE ACT,
1939—continued.
(1A) Any justice, upon oath being made before him by any constable or by an officer authorised by the Minister in that behalf that, having made due inquiry, he believes—
(a) that a person who, as a child or young person, was, under section 8 2 ( 1 ) or section 8 3 ( 1 ) or ( 2 ) , released on probation or was committed to the care of a person has broken the terms or conditions of his release or committal; or
(b)
that the terms or conditions upon which a person was, as a child, released under section 8 2 ( 2 ) , have been broken,
may—
(c)
issue his summons for the appearance of the person so released or committed before a court; or
(d)
in the first instance issue his warrant directing the apprehension of the person so released or committed.
SCHEDULE 5.
AMENDMENTS TO PART X V I I OF THE CHILD WELFARE ACT,
1 9 3 9 .
( 1 ) Section 1 2 6 —
Omit "eight", insert instead "10".
SCHEDULE 5—continued.
AMENDMENTS TO PART X V I I OF THE CHILD WELFARE ACT,
1939—continued.
(2) Section 132 (1 )—
Omit "two hundred dollars", insert instead "$1,000".
(3) Section 146A—
After section 146, insert:—
146A. (1) When a child or young person is brought into a police station—
(a)
at which he is to be questioned about any offence that has been, or may have been, committed; or
(b)
for the purpose of determining whether he is to be brought before a court as a neglected child or an uncontrollable child or young person within the meaning of Part X I V ,
the officer in charge of the police station shall
forthwith—
(c)
notify a parent of or any person aged 18 years or upwards who has the guardianship of the child or young person that the child or young person is at the police station; or
(d)
cause a parent of or any person aged 18 years or upwards who has the guardianship of the child or young person to be so notified.
SCHEDULE 5—continued.
AMENDMENTS TO PART XVII OF THE CHILD WELFARE ACT,
1939—continued.
(2) An officer in charge of a police station who fails to comply with subsection (1) shall be guilty of an offence against this Act unless he satisfies the court—
(a)
that he used all reasonable diligence in attempting to comply with that subsection; or
(b)
that he had a reasonable excuse for failing to comply with that subsection.
(4) Sections 148B, 148c—
After section 148A, insert :—
148B. (1) In this section—
"court", except in subsection (7) (d), means any
court;
"prescribed person" means—
(a) a medical practitioner; and
(b)
a person who is a member of any class of persons prescribed for the purposes of this paragraph, being a
person who follows a profession, calling or vocation, other than a solicitor or barrister in the course of his profession, so prescribed, or who holds any office so prescribed.
(2) Any person who forms the belief upon
reasonable grounds that a child—
(a) has been assaulted; or
(b)
is a neglected child within the meaning of Part XIV,
SCHEDULE 5—continued.
AMENDMENTS TO PART X V I I OF THE CHILD WELFARE ACT,
1939—continued.
may—
(c) notify the Director of his belief and the grounds therefor either orally or in writing; or (d) cause the Director to be so notified.
(3) A prescribed person who, in the course of practising his profession, calling or vocation, or in exercising the functions of his office, as the case may be, has reasonable grounds to suspect that a child has been assaulted, ill-treated or exposed shall—
(a)
notify the Director of the name or a description of the child and those grounds either orally or in writing; or
(b) cause the Director to be so notified,
promptly after those grounds arise.
(4) A prescribed person who fails to comply with subsection (3) shall be guilty of an offence against this Act.
(5) Where the Director has been notified
under subsection (2) or (3) , he shall—
(a)
promptly cause an investigation to be made into the matters notified to him; and
(b)
if he is satisfied that the child in respect of whom he was notified may have been assaulted, ill-treated or exposed, take such action as he believes appropriate, which may include reporting those matters to a constable of police.
SCHEDULE 5—continued.
AMENDMENTS TO PART X V I I OF THE CHILD WELFARE ACT,
1939—continued.
(6) Where a person notifies the Director
pursuant to subsection (2) or (3 )—
(a)
the notification shall not, in any proceedings before a court, tribunal or committee, be held to constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct;
(b)
no liability for defamation is incurred by reason of the making of the notification;
(c)
the notification shall not constitute a ground for civil proceedings for malicious prosecution or for conspiracy;
(d)
subject to subsections (7) and (8), the notification shall not be admissible in evidence in any proceedings before a court, tribunal or committee and no evidence of its contents is admissible; and
(e)
subject to subsection (7), a person shall not be compelled in any proceedings before a court, tribunal or committee to produce the notification, or any copy of, or extract
from the notification (if it is capable of being produced) or to disclose, or give any evidence of, any of the contents of the notification. (7) Subsection (6) (d) and (e) does not apply in relation to—
(a)
the admissibility in, or of, evidence of a notification made under subsection (2) or ( 3 ) ;
S C H E D U L E 5—continued.
AMENDMENTS TO PART X V I I OF THE CHILD WELFARE ACT,
1939—continued.
(b) the production of such a notification, a copy thereof or an extract therefrom; or
(c) the disclosure or giving of evidence of the contents of such a notification,
either—
(d) in any proceedings before a court, within the meaning of section 81B, in which the child to whom the notification relates is brought before the court as a neglected child; or
(e) in support of, or in answer to, a charge or allegation made in proceedings referred to in subsection (6) (d) or (e) against any person in relation to his exercising or performing any of his powers, duties or functions in pursuance of this Act.
(8) Subsection (6) (d) does not apply
where a notification under subsection (2) or (3) is tendered in evidence, or evidence in respect of such a notification is given—
(a) by the person by whom the notification was, or was caused to be, made; and
(b) in answer to a charge or allegation made against him in proceedings referred to in
subsection (6) (d) .SCHEDULE 5—continued.
AMENDMENTS TO PART X V I I OF THE CHILD WELFARE ACT,
1939—continued.
148c. (1) Where the Director or a constable of police believes on reasonable grounds (which may consist wholly or partly of information received by him) that a child has suffered injury to his health as a result of the child's having been assaulted, ill-treated or exposed, he may serve a prescribed notice—
(a) naming or describing the child; and
(b) requiring the child to be forthwith presented to a medical practitioner specified or described in the notice at a hospital or another place specified in the notice for the purposes of the child's being medically examined,
on the person who appears to him to be a parent of the child or to have the care of the child for the time being.
(2) A person who fails to comply with the requirement contained in a notice served on him under subsection (1) shall be guilty of an offence against this Act unless it is proved that the person was not a parent of the child described in the notice
and did not have the care of the child at the time the notice was served. (3) Where a person fails to comply with the requirement contained in a notice served under sub- section (1), a constable of police or an officer authorised by the Minister in that behalf may present the child in respect of whom the notice was served, or cause the child to be presented, to a medical practi tioner at a hospital or another place for the purpose of the child's being medically examined.
SCHEDULE 5—continued.
AMENDMENTS TO PART X V I I OF THE CHILD WELFARE ACT,
1939—continued.
( 4 ) A constable of police or an officer may,
when exercising his powers under subsection (3)—
(a)
subject to paragraph (b), use all reasonable force; and
(b)
enter (if need be by force) any house, building or other place but shall not enter any place occupied as a dwelling except under the authority of a warrant issued
under section 1 4 5 or 1 4 6 .
( 5 ) Where a child is presented to a medical
practitioner under subsection ( 1 ) or (3 )—
(a) the practitioner may conduct, or cause to be conducted, such medical examination of the child as he thinks fit, including examination at a hospital that is not the place specified in the request made under subsection ( 1 ) in respect of the child; and (b) the Director shall, commencing with the
time at which the child is presented to the practitioner and until the expiration of such
period of time as is reasonably necessary for the child to be medically examined in accordance with paragraph (a) or 72 hours, whichever period first expires, be deemed to have custody of the child—
(i) if the consent of a parent or any other person who would, but for this paragraph, have lawful custody of
S C H E D U L E 5—continued.
AMENDMENTS TO PART X V I I OF THE CHILD WELFARE ACT,
1939—continued.
the child to the examination has not been obtained or has been revoked; and
(ii) for the purpose only of enabling the examination to be conducted.
(6) No proceedings lie against a medical practitioner or a constable of police for or on account of any act, matter or thing done or ordered to be done by him, and purporting to be done for the purpose of carrying out the provisions of this section, if he has acted in good faith and with reasonable care.
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