Child Welfare (Further Amendment) Act 1977 (NSW)

CHILD WELFARE (FURTHER AMENDMENT)

ACT, 1977

A N N O V I C E S I M O S E X T O

ELIZABETHE II REGINE

Act No. 100, 1977.

An Act to amend the Child Welfare Act, 1939, with respect to the admissibility in evidence of certain statements made by children and young persons; and to vary certain provisions to be inserted in that Act relating to proceedings before, and decisions of, Tribunals to be established under Part IX of that Act. [Assented to, 14th November, 1977.] 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. This Act may be cited as the "Child Welfare (Further

Amendment) Act, 1977".

2. The Child Welfare Act, 1939, is referred to in this

Act as the Principal Act.

3 .      This Act contains the following Schedules :—

SCHEDULE 1.—AMENDMENTS TO THE PRINCIPAL

ACT.

SCHEDULE 2.—AMENDMENTS TO SCHEDULE 2 (3)

TO THE CHILD WELFARE (AMENDMENT) ACT,

1977.

4.      (1) The Principal Act is amended in the manner set

forth in Schedule 1.

(2) Schedule 2 (3) to the Child Welfare (Amend­ ment) Act, 1977, is amended in the manner set forth in Schedule 2.

SCHEDULE 1.

AMENDMENTS TO THE PRINCIPAL ACT.

(1) Section 81c—

Omit the section, insert instead :—

81c. (1) In subsection (3), "proceedings relating

to a child or young person" means any proceedings—

(a) in which a child or young person is; or

(b) arising out of any other proceedings in which a child or young person was,

brought before a court as a neglected child or as an uncontrollable child or young person or alleged to have committed an offence.

(2) In subsection (3), a reference to a person acting judicially includes a reference to a person making a determination as to the admissibility of evidence in committal proceedings.

(3) A person acting judicially in any pro­

ceedings relating to a child or young person, when

determining, on or after the date of assent to the	Child Welfare (Further Amendment) Act, 1977, the
admissibility in evidence of any statement, confession, admission or information made or given in a police station by the child or young person—

(a) before that date, shall apply the law relating to the admissibility of the statement, confes­ sion, admission or information that was in force when it was made or given; or

SCHEDULE 1—continued.

AMENDMENTS TO THE PRINCIPAL ACT—continued.

(b) on or after that date, shall not admit the

statement, confession, admission or infor­ mation in evidence unless there was present at the place in the police station where, and throughout the period of time during which, it was made or given—

(i) one of his parents;

(ii)   a person aged 18 years or upwards

who has his guardianship;

(iii)  in the case of a child or young

person, with the consent of a person referred to in subparagraph (i) or (ii) or, in the case of a young person, with his consent—a person aged 18 years or upwards who is neither a person referred to in either of those subparagraphs nor a member of the police force; or

(iv)	a duly qualified legal practitioner of
his own choosing,

or unless the person acting judicially is satisfied that there was a proper and suffi­ cient reason for none of the persons referred to in subparagraph (i), (ii), (iii) or (iv) to have been present at the place in the police station where the statement, confes­ sion, admission or information was made

SCHEDULE 1—continued.

AMENDMENTS TO THE PRINCIPAL ACT—continued.

or given throughout the period of time
during which it was made or given and the
person so acting considers that, in the
particular circumstances of the case, the
statement, confession, admission or infor­
mation should be admitted in evidence in

those proceedings.

( 4 ) Subsection ( 3 ) does not apply in respect

of any particulars required to be given by or under

any other Act.

( 2 ) Section 1 4 6 A —

Omit the section.

SCHEDULE 2 .

AMENDMENTS TO SCHEDULE 2 ( 3 ) TO THE CHILD WELFARE

(AMENDMENT) ACT, 1 9 7 7 .

( 1 ) Section 4 4 F ( 3 ) —

Omit the subsection.

SCHEDULE 2—continued.

AMENDMENTS TO SCHEDULE 2 (3) TO THE CHILD WELFARE

(AMENDMENT) ACT, 1977—continued.

(2) Section 44G (2 )—

Omit the subsection.