Children's Protection Act 1902 (NSW)

Act No. 47, 1902.

An Act to consolidate the enac tments p rov id ing for t he protec t ion of chi ldren in certain cases. [25th August, 1902.]

BE it enacted by the K ing ' s Most Exce l len t Majesty , by a n d wi th t he advice a n d consent of t h e Legis la t ive Counci l and Legis la t ive

Assemb ly of N e w Sou th W a l e s in P a r l i a m e n t	assembled,	and	by	t h e
au tho r i t y of t h e same, as follows :—

P A R T I .

Preliminary.

1. This A c t m a y be ci ted as t he " Chi ldren ' s Pro tec t ion Ac t ,

1902 , " and is divided in to P a r t s as fo l lows:—

P A R T I . — P r e l i m i n a r y — s s . 1—4.

P A R T II .—Adopt ion of children—ss. 5 -16 .

P A R T I I I . — L y i n g - i n homes—ss. 1 7 - 2 1 .

P A R T I V . — P r o t e c t i o n of children—ss. 2 2 - 2 9 .

P A R T V . — General provisions and procedure—ss. 3 0 - 3 8 .

2. (1) The Acts men t ioned in t h e E i r s t Schedule are , to t he

e x t e n t the re in expressed, he reby repealed.

(2) Al l p roc lamat ions m a d e unde r any A c t hereby repealed

shall have t he same force and effect as if th i s A c t had not been passed ; a n d all rules, regula t ions , regis t ra t ions , and licenses made , issued, or

g ran ted u n d e r any Ac t he reby repealed shall have t h e same force and

effect as if they had been made , issued, or g r an t ed u n d e r this Ac t .

(3) Al l officers and persons appointed unde r t h e Ac t s

hereby repealed and hold ing office a t the pass ing of th i s	A c t shal l be
deemed to have been appointed hereunder .

3. I n th is Ac t , unless t h e con tex t or sub jec t -mat te r otherwise

indicates or r equ i res ,—

" Chief officer " means t h e head of the depa r tmen t appointed by

the Min i s te r tp adminis ter th is Ac t .

" Cour t of pe t t y sess ions" means such cour t held before a

s t ipendiary or police magis t ra te , and not otherwise.

" J u s t i c e " means jus t ice of t h e peace.

"Lvin° : - in h o m e " means a house in which more t h a n one w o m a n

is received for confinement for paymen t of money c i ther a t

t h e same t i m e or wi th in a period of two months .

" Medical p r a c t i t i o n e r " means a legally qualified medical

prac t i t ioner . " Officer "

" O f f i c e r " includes any person acting- unde r t he ins t ruc t ions of

t he chief officer.

" P a r e n t " when used in relat ion to a child, includes a s tep-parent , guardian, any person cohabi t ing wi th a pa ren t of t he child, and any person who is by law liable to ma in ta in t h e child.
c :

St i l l -born ch i l d " means a child born dead after t he commence­

m e n t of the s ix th m o n t h of p regnancy .

" S t r e e t " includes any h ighway or other publ ic place, whe ther a

thoroughfare or not .

4. N o t h i n g in this Ac t shall app ly to any publ ic ins t i tu t ion .

P A R T I I .

Adoption of children.

5. (1) N o person shall , w i t h o u t a wr i t t en order of a jus t i ce

specifying t h e t e r m s on which the child m a y be received, receive in to his care, charge , or custody any chi ld unde r t he age of th ree years to adopt , rear , nurse , or otherwise ma in ta in , a p a r t from its paren t , in considerat ion of the p a y m e n t to such person of any s u m of money or o ther va luable considerat ion otherwise t h a n by way of periodical i n s t a l m e n t s ; and no such , ins t a lmen t shall be paid for more t h a n four

weeks in advance , nor exceed t h e s u m of twen ty shil l ings per week.
A n y person receiving or agreeing to receive p a y m e n t for t he adoption, rear ing , nurs ing , or ma in tenance of any child con t ra ry to this A c t shal l be gu i l ty of a misdemeanour , and shall be l iable to a line not exceeding one hund red pounds , wi th or w i thou t impr i sonment w i th or w i thou t ha rd labour , or in t he case of a female l igh t labour , for

any t e r m no t exceeding one year.

(2) This section shall no t apply to any person being the legal or n a t u r a l guard ian of such child ; nor to t h e m a n a g e r or officers of any ins t i tu t ion suppor ted whol ly or in pa r t by publ ic subscription, or bona fide by pr iva te char i ty open to Sta te inspection, or controlled by the S t a t e ; nor to any person exempted for t he t ime being from the opera t ion of th is section by the Minis ter .

(3) The chief officer shall, if required , receive from anyone
wish ing to place a child in the care of such person a s u m of money

from which he shall m a k e to t he care taker of such child such p a y m e n t s

as a rc pe rmi t t ed unde r this Act .

( I ) E v e r y jus t ice when giving an order unde r this section

shal l in each case repor t to t h e chief office! t h a t he has given such

order. 6.

6. (1) E v e r y person who receives in to his care, charge , or
cus tody a n y chi ld u n d e r t he age of t h ree years to adopt , rear, nurse , or

otherwise m a i n t a i n t he same for p a y m e n t shal l register or cause to he

regis tered t h e par t i cu la rs in t he form specified in the Second Schedule ,

a t t h e office of t h e dis t r ic t regis t rar of b i r ths , deaths , and marr iages ,

appoin ted u n d e r the provisions of t he Ac t N o . 17, 1899, for t he distr ict in wh ich such person then resides, w i th in seven days from t h e date of such chi ld ' s recept ion if such office is w i th in a dis tance of two miles

from his place of abode, or w i t h i n four teen days if such office is no t wi th in two miles as aforesaid, a n d such regis t rar shal l furnish	such
par t icu lars to t he chief	officer.

(2) A n y person who fails to comply wi th t he provisions of th i s section shal l be gui l ty of a misdemeanour , and shall he l iable to a fine not exceeding fifty pounds , wi th or w i t h o u t impr i sonment w i th or w i t h o u t ha rd labour, or in t h e case of a female l igh t labour , for

any t e r m not exceeding six m o n t h s .

7. (1) N o person w ho has in his care, charge , or custody any chi ld registered in accordance w i t h t h e provisions of th i s Ac t shall change his p lace of abode, or re l inquish t h e care, charge, or custody of such chi ld w i t h o u t for thwi th notifying such change or r e l inqu i shment to t h e district reg is t ra r as aforesaid, a n d such regis t rar shal l regis ter t h e same in t he form specified in t h e Th i rd Schedule, and shall a t once r e p o r t such par t i cu la rs to t he chief officer. W h e n such change of abode is made to a place out of t h e distr ict of such regis t rar he shall forward a copy of such regis t ra t ion of removal to t he regis t rar of t h e dis t r ic t to which the child is removed, and ' upon receipt of such copy t h e said regis t rar shall en ter t h e pa r t i cu la r s there in set forth in a book provided for t h a t purpose .

(2) A n y person w ho fails to comply w i t h t he provisions of

th i s section shal l be gu i l ty of a misdemeanour , and shal l be l iable to

a fine not exceeding	fifty	pounds , w i th or w i thou t impr i sonment w i th
or w i t h o u t ha rd labour , or in t h e case of a female l igh t labour , for	a n y

t e rm no t exceeding six m o n t h s .

8. (1) A n y child registered unde r th is Act , and the abode and premises of a n y person hav ing t h e care, charge, or custody thereof, m a y be inspected a t any t i m e by any officer, who , if he t h i n k s fit, may be accompanied by a medical pract i t ioner or by a police officer, or by bo th .

(2) A n y person who refuses to pe rmi t such inspect ion, or
obs t ructs such officer, shal l be gu i l ty of a misdemeanour , and shall be

liable to a fine no t exceeding fifty pounds , w i th or wi thou t impr i sonment

w i th or wi thou t ha r d labour, or in t h e case of a female l ight	labour,
for any t e r m not exceeding six mon ths .

9. A n y person who wilfully and wi thou t reasonable excuse
n e g l e c t s to provide adequa te and proper food, nurs ing , c lo thing,

medical aid, or lodging for any child in his care or custody, or wilfully

assaul ts ,

assaults, illtreats, or exposes any child, or causes or procures any child
to be neglected, assaulted, illtreated, or exposed, if such neglect, assault, illtreatment, or exposure has resulted, or appears likely to result, in bodily suffering or permanent or serious injury to the health of such child, shall, on conviction before a court of petty sessions, be liable to imprisonment for a period not exceeding twelve months, or to a fine not exceeding fifty pounds.

10. (1 ) Every person having charge of a child registered under

this A c t shall, immediately after the death of any such child, if such
death occurs elsewhere than in the city of Sydney, or any municipality included in the suburbs thereof, g ive or cause to be given notice of such death to the o f f i c e r in charge of the nearest police station, and

such officer 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, and in addition to such notice such person shall by registered letter report such death to the chief officer.

( 2 ) W h e n the death of any such child occurs in the city of

Sydney, or any municipality included in the suburbs thereof, such notice shall be given to the chief officer, who may cause an inquest to be held.

(3) The body of a child registered under this A c t shall not be buried without the production of a certificate under the hand of the coroner or the justice who held the inquiry, or of a stipendiary or police magistrate, authorising such burial, or of a medical practitioner who has attended such child during its last illness, certifying the cause of death, and also that such cause was in no way consequent on the neglect or illtreatment of such child.

(4) A n y person having charge of a child registered as

aforesaid who neglects, refuses, or omits to give notice of the death of

such child in accordance with the provisions of this section shall, on
conviction before a court of petty sessions, be liable to imprisonment
for a period not exceeding six months, or to a fine not exceeding
twenty-five pounds.

( 5 ) Where the death occurs at a greater distance than fifteen miles from the nearest police station, satisfactory evidence that the omission to give such notice was not the result of wilful neglect on the

part of the person in charge of such registered child shall entitle such
person to the dismissal of the charge.
11. (1) Every person before receiving into his care, charge, or custody two or more children under the age of three years to adopt, rear, nurse, or otherwise maintain the same for payment, shall apply to be registered as hereinafter provided.

( 2 ) The chief officer shall, subject to regulations made under

this Ac t , cause registers to be kept in which shall be entered the name

of

of a n y person who, be ing the occupier of any house, applies to have t h e same registered for t h e purposes of th is Act , a n d the si tuat ion of such house , a n d such other par t icu la rs w i th respect to such person and such house, t h e cal l ing or occupat ion of such person, and if a marr ied woman , t h e ca l l ing or occupat ion of he r husband , as m a y be directed

by such regula t ions . Every such regis t ra t ion shall, unless cancelled

unde r t h e provisions of th is Ac t , r e m a i n in force un t i l t he thir ty-f i rs t

day of t h e m o n t h of December n e x t following such registrat ion.

(3) Regis t ra t ions m a y be renewed d u r i n g t h e m o n t h of
December in each year , a n d all such renewed regis t ra t ions shall, un less

cancelled unde r t h e provisions of th i s Act , r e m a i n in force for one year

from t h e expira t ion of such m o n t h .

(4) N o fee shal l be charged or t aken for t he m a k i n g of any regis t ra t ion or renewed regis t ra t ion u n d e r th i s section. The person in whose charge such regis ter is k e p t shall give to t he person so regis ter ing a certificate unde r his h a n d of such regis t ra t ion or renewal , wh ich shal l in all ma t t e r s be evidence of such regis t ra t ion or renewal .

(5) E v e r y person failing to comply wi th t h e provisions of th i s section shall , on convict ion thereof before a cour t of pe t ty sessions, be l iable to impr i sonment for a period not exceeding six mon ths , or to a fine no t exceeding twenty-f ive pounds .
12. The chief officer may refuse to regis ter any person app ly ing for regis t ra t ion u n d e r this Ac t , or to renew a n y regis t ra t ion unless he is satisfied by t h e product ion of certificates, or if he t h inks fit to dispense w i t h certificates, by t he product ion of a n y o ther evidence t h a t t he person app ly ing to be regis tered or for a renewal of regis t ra t ion is of good cha rac te r and able to proper ly nurse and ma in t a in any child re ta ined in or received in to his care or c h a r g e ; a n d t h e chief officer m a y refuse to regis ter or renew t h e regis t ra t ion of any house unless he is satisfied t h a t such house is sui table for t h e purpose for which i t is to be

regis tered. 13. (1) If a t any t ime i t is m a d e to appear to t h e chief officer

t h a t any person registered as aforesaid has been gu i l ty of neg lec t to provide, or is incapable of provid ing , t he ch i ldren received in to t h e care or charge of such person wi th proper food or a t ten t ion , or t h a t t h e registered house of such person has become unfit for t h e recept ion of chi ldren, or if for any o ther reason it appears to the chief officer desirable in t h e publ ic in teres t so to do, he m a y s t r ike t he n a m e of such person and such house off the register , and t h e regis t ra t ion thereof shall be t he reby cancelled. Ten days ' previous not ice in wr i t i ng of his in ten t ion so to do shall be given by t h e chief officer to any such person "whose n a m e is abou t to be s t ruck off t h e register , and such not ice m a y be given by leaving t h e same a t t h e regis tered house of such person, who shal l be ent i t led to show cause w h y t h e regis t ra t ion should no t bo

cancelled. (2)

(2) The chief officer m a y a t t h e t ime of giving- such notice

order t he immedia te removal of such chi ldren from such registered house to t h e care of an officer in charge for t he t ime being of any d e p a r t m e n t or ins t i tu t ion for t he relief of Sta te or neglected chi ldren, or in defaul t of such an ins t i tu t ion wi th in a convenient distance, to t h e care of t he police, who shall t hen be charged wi th the care of such chi ldren u n t i l the i r removal b y the i r respect ive paren ts , or t he r e t u r n of such chi ldren to such fii*st-mentioned regis tered house .

(3) The chief officer m a y recover t he cost of t he removal , ma in tenance , and c lothing of and medical a t t endance on such chi ldren from the i r respect ive paren ts , or (in case of t he removal be ing confirmed) from t h e regis tered person from whose house t h e chi ldren have been so removed.

(4) Provided t h a t in the m e a n t i m e no o ther child shall be

received in to such registered house un t i l after the resul t of such notice

is de te rmined .

14. (1) T h e Governor may m a k e regula t ions for all or a n y of

t h e following purposes unde r th i s A c t ( tha t is to say) :—•

(a) for prescr ib ing how m a n y registers shall be kep t , and where

t h e same shal l respectively be	k e p t ;
(b)	for prescr ibing the mode in wh ich applicat ions for regis t ra t ion shal l be made , regis t ra t ion effected, a n d entr ies m a d e in r eg i s t e r s ;
(c)	for directing what particulars as to the persons and houses registered, in addi t ion to those hereinbefore required , shall be inser ted in such registers ;
(d)	for persons registered under section eleven to keep registers of par t i cu la rs r e l a t ing to chi ldren in the i r cha rge , and to provide as to t h e par t icu lars to be entered, and for t h e product ion for
inspect ion of such reg i s te r ;
(e)	for a r r a n g i n g houses registered into classes and for fixing the m a x i m u m n u m b e r of chi ldren to be re ta ined in or received
in to houses of any par t icu la r class ;
( / )	for r egu la t ing t he inspection from t ime to t ime of such houses
and ch i ld ren ; and
(g)	genera l ly for g iv ing effect to and car ry ing out t h e provisions of this Act .

(2) A n y such regula t ions m a y impose a fine no t exceeding twenty-f ive pounds for any breach of t he same, and any such penal ty may be recovered before a cour t of pe t t y sessions on the informat ion of t he chief officer or any officer, oi» of any m e m b e r of t he police force.

(3) All such regula t ions shall , wi th in two weeks of the m a k i n g thereof, be published in t he Gazet te , and after such publication shal l come in to force; and copies of such regula t ions shall be furnished to persons registered t inder section eleven, or hav ing the care of a child

registered

regis tered unde r this Act , who shall , u p o n their receipt , he requi red to sign an acknowledgmen t for t h e m in an official record k e p t for t h a t purpose .

15. The Minis ter m a y a t any t ime, b y wr i t ing unde r his hand ,

order t h a t th i s A c t shall no t app ly in a n y par t icu la r case where h e is

satisfied t h a t i t is undesi rable or unnecessary t h a t it should app ly .

A n y jus t i ce may in any par t icu la r case suspend the operat ion of t h e

preced ing provisions of th i s A c t for a period of e igh t days to enable
such order to be obta ined.

16.    I f a n y person makes any false representa t ion , or forges a n y

certificate, or makes use of a n y forged certificate knowing i t to be forged, w i th i n t en t to obtain t h e regis trat ion e i ther of such person or of any other person under , th is Act , or falsifies a n y regis ter kep t in pu r suance of th i s Ac t , or furnishes false par t icu lars of any m a t t e r which is required to be entered in such regis ter , such person shal l , on convict ion thereof before a cour t of p e t t y sessions, be l iable to impr i sonmen t for a period n o t exceeding six m o n t h s , or to a fine no t exceeding twenty-five pounds .

P A R T	I I I .
Lying-in	homes.,

17. Eve ry person in charge of a ly ing- in h o m e shall furnish

records as provided in t h e F o u r t h Schedule , and forward t h e same to

t h e reg is t ra r for t h e dis t r ic t in which such person resides, wi th in a period of two weeks from the occurrence of each b i r th in such home ; a n d any such person who fails to comply wi th t he provisions here in contained, or wilfully falsifies such records, shall be gui l ty of a

misdemeanour , a n d be l iable to a fine no t exceeding one h u n d r e d

pounds , w i th or w i t h o u t impr i sonmen t w i t h or wi thou t hard labour , or

in t h e case of a female l igh t labour , for a n y t e r m not exceeding	twelve
m o n t h s .

18. N o person in cha rge of a ly ing- in home shal l pe rmi t any

child to be t a k e n from such h o m e unless in t h e charge of t h e m o t h e r

of such child w i t h o u t first ob ta in ing t h e wr i t t en consent of t h e chief

officer or a person author ised b y h i m . A n y such person w h o violates t he provisions of this section shal l be gui l ty of a misdemeanour , and be l iable to a fi ne no t exceeding fifty pounds , w i th or w i t h o u t impr i sonment

w i th or w i t h o u t ha rd labour , or in t h e case of a female l ight labour,

for a n y t e r m no t exceeding six m o n t h s .

19.    A n y person in cha rge of a ly ing- in home shal l be responsible

for t h e regis t ra t ion, in accordance wi th t h e provisions of t he Ac t No .

17,

17, 1899, of all b i r ths occurring - in such house ; and any such person w h o omits , neglects , or refuses to regis ter t h e b i r th of any such child,

shall be liable to t he p u n i s h m e n t provided by t h a t Act .

20. (1) W h e n a w o m a n is delivered in a lying-in h o m e of a s t i l l -born child no i n t e r m e n t of such child shal l t ake place w i thou t its be ing author ised by the certificate of a medical pract i t ioner , or of a s t ipendiary or police mag i s t r a t e or officer of police no t unde r the r ank

of sergeant , who has m a d e personal inqu i ry in to the c i rcumstances .

(2) A n y person in te r r ing any such st i l l -born child w i thou t

first ob ta in ing such certificate shall be gui l ty of a misdemeanour , a n d be l iable to a fine no t exceeding one hund red pounds , wi th or wi thou t impr i sonment wi th or wi thou t hard labour, or in t h e case of a female

l ight labour , for any t e r m no t exceeding twelve m o n t h s .

(3) B u t any such sti l l-born child, born in a ly ing- in home

s i tua ted more t h a n fifteen miles from the neares t such pract i t ioner ,

mag i s t r a t e , or officer of police, m a y be in ter red wi thou t such au thor i ty , b u t {he b i r t h of t he child so bur ied shall be reported wi th in seven days from the date of the bur ia l , by t he person who in ter red t he body, to t h e neares t police officer, who shall for thwi th m a k e a full inqui ry in to t h e c i rcumstances of t h e case, wi th t he view of t a k i n g fur ther act ion if necessa ry ; and if t he person w h o so bur ied t h e body shall fail to repor t as required , he shall be l iable as aforesaid.

21. I f it be m a d e to appea r to any s t ipendiary or police magis t ra te , on informat ion laid before h i m on oath , t h a t t he re is reason to believe t h a t a n y person is offending agains t t h e provisions of this A c t in a n y house or place, or t h a t any of the provisions of this Ac t are be ing infr inged in any house or place, such mag i s t r a t e m a y issue his w a r r a n t au thor i s ing an officer to search any house or place therein named , a t any hour of t he day, or a t any h o u r of t h e n i g h t not la ter t h a n t e n o'clock, for the purpose of ascer ta in ing whe ther the re is or has been the re in or the reon an inf r ingement of t h e provisions of this Act .

Such officer may, if he t h inks it necessary, be accompanied by a medical pract i t ioner , or by a police officer, or by bo th . P A R T I V .

Protection of children.

22. (1) A n y person who causes a n y child unde r t h e age of four teen years to t a k e pa r t in any publ ic exhibi t ion or performance whereby , in t h e opinion of a cour t of pe t t y sessions, t h e life or l imbs of such chi ld is or a re endangered , and t h e pa ren t or any person h a v i n g the custody of such child who aids or abets such first-mentioned

person

person there in shall be gui l ty of a n offence against th i s Act . and shal l on convict ion thereof before such court be l iable to impr i sonment for a period no t exceeding twelve mon ths , or to a fine not exceeding fifty pounds .

(2) "Where in t he course of a p u b l i c exhib i t ion or per formance

w h i c h in its n a t u r e is dangerous to t h e life or l imb of a child unde r

such age as aforesaid t a k i n g p a r t there in , a n y accident causing ac tua l bodily h a r m occurs to such child, t h e employer of such child, whe the r i ts pa r en t or no t , shall , on conviction before a cour t of pe t ty sessions, be l iable to be imprisoned for a period n o t exceeding twelve mon ths , or to a fine no t exceeding fifty pounds ; and if such employer is no t the pa ren t of such chi ld, t he cour t before which such employer is convicted m a y award as compensat ion a s u m no t exceeding one h u n d r e d pounds , to be paid b y such employer to t h e child or to some person named by t h e cour t on behalf of t h e child for t h e bodily h a r m so occasioned.

23. (1) A n y person w h o —

(a)	causes or procures, or having the custody or charge thereof, al lows a n y child u n d e r t he age of s ixteen years to be in any place for t h e purpose of begg ing or receiving alms, or i nduc ing t h e g iv ing of a lms, w h e t h e r unde r t h e p re tence of s inging,
p lay ing , performing, offering a n y t h i n g for sale or otherwise ;

or

(b)	causes or procures, or having the custody or charge thereof, allows any child, be ing a boy unde r t he age of four teen years or a gir l u n d e r t h e age of s ix teen years, to be in a n y place, or in a n y premises licensed according to l aw for publ ic en t e r t a inmen t s , for t h e purpose of s inging, p lay ing ,
or pe r fo rming for profit, or offering a n y t h i n g for sale be tween

t en o'clock a t n i g h t and six o'clock in t h e morn ing ; or

(<?) causes or procures , or who , h a v i n g the custody or charge

thereof, al lows any chi ld unde r t h e age of t en years to be a t

any t ime in any place, or in a n y premises licensed according

to l aw for publ ic en t e r t a inmen t s , or in any circus or o ther

place of publ ic a m u s e m e n t to which t h e publ ic are admi t t ed by paymen t , for t h e purpose of s inging, playing, or per forming

for profit, or offering a n y t h i n g for sale

shal l , upon conviction by a cour t of p e t t y sessions be l iable to a fine no t exceeding twenty-five pounds , or to impr i sonment wi th or w i t h o u t ha r d labour , or in t h e case of a female l igh t labour , for any t e r m no t

exceeding th ree mon ths , or to such fine and i m p r i s o n m e n t :

Provided t h a t in t h e case of a n y e n t e r t a i n m e n t or series of

en t e r t a inmen t s to t ake p lace in premises l icensed according to law for

publ ic en te r t a inments , or	in a n y	circus or	o ther place of	pub l i c
a m u s e m e n t as aforesaid, whe re i t is shown	to t h e	satisfaction	of	t h e

Min i s t e r t h a t p roper provision has been made to secure t h e hea l th and

k ind

k ind t r e a t m e n t of. any chi ldren proposed to be employed the rea t , the

Min is te r may, no twi ths t and ing a n y t h i n g in th is Ac t , g r an t a license for such t ime and dur ing such hours and subject to such res t r ic t ions and condi t ions as he m a y t h i n k fit, for any child exceeding seven years of age , of whose fitness to t ake pa r t in such en t e r t a inmen t or series of en t e r t a inmen t s w i thou t injury t he Minis te r is satisfied, to t a k e p a r t in such e n t e r t a i n m e n t or scries of en t e r t a inmen t s , and such license m a y a t a n y t ime be varied, added to, or rescinded by the said Minis te r upon sufficient cause be ing shown ; and such l icense shall be sufficient protec t ion to all persons ac t ing unde r or in accordance wi th t he same.

(2) The Min i s te r m a y appoin t any person to see t h a t t he

restr ict ions and conditions of any license u n d e r th is section arc du ly complied w i t h ; and such person shal l have power to enter , inspect , and examine anyp lace of publ ic e n t e r t a i n m e n t a t wh ich the employmen t of a chi ld is for t he t ime be ing licensed unde r th is section.

(3) This section shall no t apply in t h e case of a n y occasional

en t e r t a inmen t , t he proceeds of which are whol ly applied for t he benefit

of a n y school or to any char i tab le object.

24. F o r t h e purposes of t h e las t preceding section any person w h o is t h e p a r e n t of a child, or any person to whose charge a chi ld is commi t t ed by its parent , or any person hav ing ac tua l possession or control of a chi ld, shall be deemed to have the cus tody or cha rge

thereof.
25. A n y constable or any officer appoin ted u n d e r th is Act may t a k e any chi ld in respect of w h o m there is reason to believe t h a t an offence u n d e r th i s A c t has been commi t t ed to a place of safety, and a chi ld so t aken to a place of safety and also any child who seeks refuge in a place of safety, m a y be the re detained un t i l t he child can be

b r o u g h t before a cour t of s u m m a r y jur isdic t ion.

26. Where; i t appears to a cour t of pe t ty sessions or any jus t ice

t h a t an offence unde r this Act has been commit ted in t h e case of any

chi ld b r o u g h t before such cour t or jus t ice , and t h a t t h e hea l th or

safety of t he child will be endangered unless an order is made unde r th is section, the cour t or jus t ice may , w i t h o u t prejudice to any power unde r th is Act , m a k e such order as c i rcumstances r equ i re for t he care a n d detent ion of t he child un t i l a reasonable t ime has elapsed for t he b r i ng ing a n d disposing of any charge against t h e person who i t appears has commi t t ed t he offence ; and a n order unde r this section m a y be enforced, no twi ths t and ing tha t any person claims t h e custody of t he chi ld.

27. (1) Any constable m a y t ake in to custody wi thou t w a r r a n t

any person w ho commits , or who is reasonably suspected b y such constable to have commit ted , an offence u n d e r th is Ac t , if t he name and residence of such person arc u n k n o w n to such constable and cannot

be ascertained by h im. (2)

(2) W h e r e such an arrest is made , t he inspector or constable

in cha rge of t he stat ion to which such person is conveyed shall, unless in his belief t he release of such person on bail would t end to defeat t he ends of jus t ice , or to cause in jury or danger to t h e child in respect of w h o m the offence is al leged to have been commit ted , release t h e person arres ted on his en t e r ing into such a recognizance, with or wi thou t suret ies , as m a y in his j u d g m e n t be required to secure t he a t t endance of such person upon t h e hea r ing of t he charge.

28. W h e n e v e r steps have been t a k e n u n d e r a n y of t h e last

t h ree preceding sections of th i s A c t to secure t he safety or well-being

of a child, and the person charged wi th c o m m i t t i n g a n offence in respect of such child has been convicted, such child may be disposed of as t he cour t so convict ing may direct .

29.    (1) W h e r e a person h a v i n g the custody or control of a child,

being a boy u n d e r	t h e age of fourteen, or a girl unde r t h e age of s ix teen
years has been—
(a) convicted of c o m m i t t i n g in respect of such child a n	offence

unde r section n ine of this Ac t , or any offence involving bodily

in jury to t he child and punishable wi th penal servi tude ; or

(b) commi t t ed for t r ia l for a n y such offence ; or
(c) bound over to keep t he peace towards such child,

any person m a y apply to a cour t of pe t t y sessions, or to t he cour t before which t h e person hav ing such custody has been so convicted, commi t ted , or bound over, for an order as hereinaf ter men t ioned , and

t h e court , if satisfied on inqu i ry t h a t i t is expedien t so to deal wi th

t h e child, may , w h e t h e r t he child is b r o u g h t before the cour t or not,

order t h a t i t be t a k e n out of t h e custody of such person, and commi t t ed to t he cha rge of a re la t ion or some o the r fit person named by t h e cour t , such re la t ion or o ther person be ing wil l ing to u n d e r t a k e such cha rge u n t i l i t a t t a ins t h e age of four teen years , or in the case of a gir l s ixteen years , or in e i ther case for any shor ter period, and m a y of i ts own mot ion ,

or on the appl icat ion of any person, from t ime to t ime renew, vary , and
revoke a n y such order.

(2) A n y person to w h o m a child is so commi t t ed shal l ,

whi l s t t he order is in force, have t h e l ike control over t h e chi ld as if

h e were its pa ren t , and shal l be responsible for i ts ma in t enance , and t h e child shal l con t inue unde r the control of such person, notwithstanding t h a t i t is claimed by its pa ren t .

(3) A n y cour t hav ing power so to commi t a child shall have power to order t he pa ren t of t h e child to con t r ibu te to i ts main­ t enance d u r i n g such period as aforesaid, and to enforce such order in l ike m a n n e r as any order of a cour t of pe t ty sessions is enforceable

u n d e r t h e Ac t s r e la t ing to s u m m a r y convict ions a n d orders m a d e b y

jus t ices , a n d such orders m a y be m a d e on t h e compla in t or appl ica t ion

of

of t he person to w h o m the child is for the t ime being commit ted , and the sums con t r ibu ted b y the p a r e n t shal l be paid to such person as the cour t m a y n a m e , and be applied for t he ma in tenance of t h e child.

(4) I n de te rmin ing on t h e person to w h o m t h e child shall

be so commi t ted , t h e cour t shall endeavour to ascer ta in the religious persuasion to which t h e child belongs, and shall , if possible select a person of t h e same religious persuasion, a n d such religious persuasion shall be specified in t he order ; and in any case where t h e child has been placed p u r s u a n t to any such order wi th a person not of t h e same religious persuasion as t h a t to which the child belongs, t h e cour t shall , on t he appl icat ion of any person in t h a t behalf, a n d on its appear ing t h a t a fit person of the same religious persuasion is wil l ing to u n d e r t a k e t h e charge , m a k e an order to secure his be ing placed wi th a person of t he same rel igious persuasion.

(5) Provided t h a t if the order to commi t t h e chi ld to t he

cha rge of some relat ion or o ther person is made in respect of any person h a v i n g been commi t t ed for t r ia l for an offence, as specified in sub­ section (1) (&) of th is section, t h e cour t shal l no t be empowered to order t h e p a r e n t of t he child to con t r ibu te to i ts ma in t enance prior to

t he t r ia l of such pe r son ; and if he is acqu i t t ed of such charge , or it*

such charge is dismissed for wan t of prosecut ion, t h e n any order t h a t

m a y h a v e been made u n d e r th is section shal l fo r thwi th be void, except wi th regard to a n y t h i n g which m a y have been lawfully done

unde r it.

(6) The Minis ter may a t a n y t ime in his discret ion discharge

a child from the custody of a n y person to w h o m i t is commit ted in pu r suance of th i s section, c i ther absolutely or upon conditions, a n d m a y m a k e ru les in relat ion to chi ldren so commi t t ed to a n y person, and to t h e dut ies of such persons wi th respect to such chi ldren.

P A R T V.

General provisions and procedure.

30. W h e r e a child is b r o u g h t before a cour t of pe t ty sessions

unde r c i rcumstances au thor i s ing t h e cour t unde r t h e provisions of th i s

A c t to deal wi th t he child u n d e r t he S ta te Chi ldren Relief Act , 1901 ,

or t he Reformatory and I n d u s t r i a l Schools Act , 1901 , t he court , if i t t h i n k s fit, in l ieu of order ing the child to be boarded out , or to be sent to an indus t r ia l school, may m a k e an order unde r t h e preceding section of th is A c t for the commi t t a l of t he child to t he care of a re la t ion or

person n a m e d by the cour t as there in provided.

31. A n y s t ipendiary or police mag i s t r a t e , in l ieu of c o m m i t t i n g

to pr ison any child unde r t he age of four teen years, convicted before

h im of any offence, m a y h a n d over such child to t h e charge of a n y

home for dest i tute and neglected chi ldren, or indus t r ia l i n s t i t u t i o n ;

a n d t h e m a n a g e r s of such home or ins t i tu t ion m a y pe rmi t its adopt ion b y a sui table person, or may appren t ice it to a n y sui table t rade , cal l ing, or service, and t h e t ransfer shall be as valid as if the managers were t he pa ren t s of such child. The paren t s of such chi ld shall have no r i g h t to remove or interfere wi th t h e said chi ld so adopted or apprent iced, except by t h e express permission in wri t ing of t h e Minis ter .

32. "Where a cour t has power unde r th is A c t to commi t a child to t h e custody of any re la t ion or person n a m e d by t h e cour t un t i l it , be ing a boy, a t t a ins t h e age of four teen years , or, be ing a girl , a t t a ins t h e age of s ixteen years , or where a chi ld is b r o u g h t before a cour t ,

h a v i n g	been found in any s t reet , premises , or place, for a purpose
forbidden by th is Ac t , w h e t h e r or not any person is charged wi th	a n

offence in respect of t he child, t h e cour t m a y , if i t t h i n k s fit, order t h e child to be commit ted to t h e control of t he State Children Relief Board u n d e r t h e provisions of t h e Sta te Chi ldren Relief Act , 1901 , or to be

deal t wi th unde r t he Re fo rma to ry a n d Indus t r i a l Schools Act , 1 9 0 1 ,

in l ike m a n n e r as if i t had been found wander ing , a n d not hav ing a n y

proper	guard iansh ip .
33. (1) W h e n e v e r it appears to any s t ipendiary or police

mag i s t r a t e , or to any jus t ice , on information m a d e before h im on oa th b y any person who, in t h e opinion of t h e mag i s t r a t e or just ice , is bona fide ac t ing in t he in teres t of any child, t h a t the re is reasonable cause to suspect t h a t such child, be ing a boy unde r t h e age of fourteen years, or a girl u n d e r t h e age of s ixteen years , has been or is be ing ill t rea ted or

neglected in a m a n n e r l ikely to cause t h e child unnecessary suffering,

or to be in jur ious to i ts hea l th , such mag i s t r a t e or jus t ice may issue a w a r r a n t author is ing any officer or police officer named there in to search for such c h i l d ; a n d if i t is found to have been or is t h e n being i l l t reated

or neglec ted in m a n n e r aforesaid, to t ake i t to and deta in i t in a place

of safety u n t i l it can be b r o u g h t before a cour t of pe t ty sessions; a n d

t h e cour t before w h o m the chi ld is b r o u g h t m a y cause i t to be deal t

w i th in t h e m a n n e r provided by section twenty-n ine .

(2) The mag i s t r a t e or jus t ice issuing such war ran t may , by

t he same war ran t , cause any person accused of any offence in respect of ' t he child to be apprehended , and proceedings to be t a k e n for pun i sh ing such person according to law.

(3) A n y person author ised by w a r r a n t unde r th i s section

to search for a n y child, and to t a k e i t to and detain i t in a place of safety, m a y enter (if need be by force) any house, bui ld ing, or other

•place specified in t he war ran t , and m a y remove t h e child therefrom.

(4)

(4) E v e r y w a r r a n t issued unde r th is section shall he

addressed to and execu ted by some super in tendent , inspector , or other superior officer of police, or to an officer w ho shall be accompanied by t h e person giving t h e information, if such person so desire, unless t h e mag i s t r a t e or jus t ice otherwise d i r ec t s ; and the person to w h o m the

w a r r a n t is addressed m a y be accompanied by a medical pract i t ioner .

(5) I t shall no t be necessary in any informat ion or wa r r an t

issued u n d e r th i s section to n a m e any par t i cu la r child.

34. (1) W h e r e a person is charged wi th commi t t ing a n offence

u n d e r th i s A c t in respect of two or more chi ldren t he same informat ion or s u m m o n s m a y charge t h e offence in respect of all or any of t h e m , b u t t h e person charged shall no t be l iable to a separa te pena l ty in respect of each child unless upon separate informations or summonses .

(2) The same information or s u m m o n s m a y also charge t he

offences of assaul t , i l l t rea tment , neglect , a b a n d o n m e n t or exposure,

toge ther or separately, b u t when charged together t h e person	charged
shal l no t be l iable to separate penal t ies .

(3) W h e r e an offence charged is a cont inuous offence, it

shall n o t be necessary to specify in t h e informat ion or summons the

da te of t h e acts cons t i tu t ing the offence.

35. (1) W h e r e in any proceeding agains t any person for a n offence under th is A c t the child in respect of w h o m the offence is charged to have been commit ted , or any o ther child of tender years who is tendered as a wi tness , docs no t in the opinion of t he cour t unde r s t and the n a t u r e of an oath, the evidence of such child may be received t h o u g h n o t given upon oa th if in t he opinion of the cour t such chi ld is possessed of sufficient in te l l igence to justify the recept ion of t h e evidence, and under s t ands t h e d u t y of speaking the t r u th . A n d the evidence of such child, t h o u g h no t given on oath, b u t otherwise t aken and reduced in to wr i t i ng as a deposition, shal l be deemed to be a deposition to all

in ten ts and purposes .

A person shall not be convicted of t he offence charged unless
t h e tes t imony admi t ted by v i r tue of th is section, and given on behalf

of t he prosecution, is corroborated by some other mater ia l evidence in

suppor t thereof impl ica t ing t he accused.

A n y child whose evidence is received as aforesaid, and who wilfully gives false evidence, shal l be gu i l ty of a misdemeanour , b u t no prosecut ion shall be ins t i tu ted unde r this section wi thou t t he leave of the cour t before which such evidence was given.

(2) W h e r e a just ice is satisfied by the evidence of a medical

p rac t i t ioner t h a t t he a t t endance before a cour t of any child in respect

of w h o m an	offence unde r this A c t is alleged to have been commi t t ed
would be in jur ious or dangerous	to its hea l th , t h e jus t ice may t ake in

wr i t ing

wri t ing t h e s t a t emen t of such child in pu r suance of section four h u n d r e d and six of t h e Crimes Act , 1900, as if t h e chi ld were dangerously ill, and in t he opinion of t h e medical pract i t ioner , no t l ikely to recover.

(3) W h e r e in any proceedings wi th re la t ion to an offence

u n d e r th is A c t t h e cour t is satisfied by t h e evidence of a medical prac t i t ioner t h a t t h e a t t endance before t h e cou r t of any child in respect of w h o m an offence is a l leged to have been commit ted would be in jur ious or dangerous to i ts hea l th , any deposition t aken u n d e r section

four h u n d r e d and six of t h e Crimes Ac t , 1900, or any s t a t emen t of

t h e child t a k e n u n d e r th is section, may be read in evidence, and shal l have effect in l ike m a n n e r as if it were proved t h a t t he child were so ill as to be unab le to t ravel , or (in the case of any such s t a t emen t ) t h a t

the re was no reasonable probabi l i ty t h a t t he chi ld would ever be	able
to t ravel or give ev idence ;	b u t t he same provisoes shal l apply as in t h e

case of t h e recept ion of evidence under t h e first subsect ion.

(4) W h e r e in a n y proceedings wi th re la t ion to an offence

unde r th i s A c t t h e cour t is satisfied by t h e evidence of a medical prac t i t ioner t h a t t h e a t t endance before t h e cour t of any child in respect of w h o m t h e offence is al leged to have been commit ted would be injur ious or dangerous to i ts hea l th , and is fu r the r satisfied t h a t . the evidence of . the chi ld is n o t essential to t h e first hear ing of t he case, t h e case m a y be proceeded wi th and de te rmined in t he absence of t h e child.

36. W h e r e a person is cha rged w i t h an offence unde r th is A c t

in respect of a chi ld who is al leged in t h e cha rge or i nd i c tmen t to be u n d e r a n y specified age, a n d t h e child appears to t he cour t to be u n d e r t h a t age, such child shal l , for the purposes of th is Act , be deemed to be unde r t h a t age unless t h e cont ra ry is proved.

37. N o t h i n g in this A c t contained shal l be construed to t ake

away or affect t he r i gh t of a n y paren t , teacher , or o ther person h a v i n g

t h e lawful control or cha rge of a	child	to adminis te r	p u n i s h m e n t	to
such child.

38. W h e r e a person is charged wi th a n offence unde r th is	Ac t ,
for which he is also pun i shab le u n d e r a n y o ther A c t or a t	Common

L a w , he m a y be prosecuted and pun i shed e i ther unde r th i s A c t or

u n d e r a n y o ther Act , or a t Common L a w , b u t no person shall be

pun i shed twice for the same offence.

S C H E D U L E S .

F I R S T S C H E D U L E .

Extent of

Reference to Act. Title or short title. repeal.

55 Vic . N o . 30 . . . Chi ldren ' s P ro tec t ion Act , 1892 The whole.

52, 1900 Chi ldren 's Pro tec t ion Ac t A m e n d m e n t Act , 1900 ... T h e whole.

SECOND SCHEDULE.

No. District Date.

Name of child—
Sex
Date of birth—
Place of birth (full particulars)—
Office at which birth was registered—
Name, address, and occupation of person from whom child was received—
Name of custodian receiving child—
Name and address of justice of peace granting order —
Occupation—
Address at which child will be kept—
Kate of periodical payment—
If custodian has any children of his or her own, state ages and sexes—
If in charge of any other registered children, state names, ages, and sexes—
Date upon which child was received by custodian—

Signature of person registering—

(Signature of registrar.)

T H I R D SCHEDULE.

No.	District	Date.
Change of custody or address of registered child, No.	Vol.	Folio
Name of child— Name of present custodian— Name of proposed custodian— Address of proposed custodian— In the district of—

Or

Address to which the present custodian is about to remove —
In the district of—
Date of proposed change of custody or address—
Name of person notifying change of custody or address—
Address of same —

Signature of same—

(Signature of registrar for district of .)

F O U R T H SCHEDULE.

No. District Dale.

Address of lying-in home—
Name of keeper of lying-in homo—

Name of woman—

Age—

Date of woman's admission—
Date of confinement—-

Name of medical attendant or midwife—

(Signature of registrar fur district of .)

2 B Act