Children's Services Act 1965 (Qld)

Queensland CHILDREN’S SERVICES ACT 1965 Reprinted as in force on 21 December 1998 (includes amendments up to Act No. 41 of 1998) Reprint No. 1C This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 21 December 1998. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the ReprintsAct1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland CHILDREN’S SERVICES ACT 1965 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Continuation of appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Meaning of terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 4—INSTITUTIONS 30 Establishment of institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 31 Licensing of institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 32 Notification of changes affecting licensed institutions . . . . . . . . . . . . . . . . . 10 33 Control of licensed institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 34 Supervision of standard of care by director . . . . . . . . . . . . . . . . . . . . . . . . . . 11 35 Records of licensed institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 36 Director to be notified of reception of certain children . . . . . . . . . . . . . . . . 12 37 Aid to licensed institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 38 Audit of licensed institution accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 39 Revocation of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 40 Duties of persons in charge of institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PART 5—CHILDREN IN NEED OF ASSISTANCE 41 Assistance to families . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 42 Guardianship of children assisted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 43 Assistance may be conditional on supervision . . . . . . . . . . . . . . . . . . . . . . . 14 44 Director’s power in respect of assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 45 Assistance to be given as prescribed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 6—CHILDREN IN NEED OF CARE AND PROTECTION 46 Children in need of care and protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

2 Children’s Services Act 1965 47 Voluntary admission to care and protection . . . . . . . . . . . . . . . . . . . . . . . . . 18 48 Duration of care and protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 49 Admission to care and protection by court order . . . . . . . . . . . . . . . . . . . . . . 19 50 Application for court order in respect of child in care by declaration of director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 51 Application to revoke or substitute court order . . . . . . . . . . . . . . . . . . . . . . . 22 52 Limitation on court’s admitting to care and protection . . . . . . . . . . . . . . . . 23 52A Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 53 Duration and effect of certain orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 54 Director may release child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 55 Guardianship of child admitted to care and protection . . . . . . . . . . . . . . . . . 24 56 Protective supervision order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 58 Duty of director to child admitted to care and protection . . . . . . . . . . . . . . 26 59 Preservation of rights of guardians . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 PART 7—CHILDREN IN NEED OF CARE AND CONTROL 60 Child in need of care and control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 61 Committal to care and control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 64 Guardianship of person committed to care and control . . . . . . . . . . . . . . . . 29 65 Duty of director to child committed to care and control . . . . . . . . . . . . . . . 30 67 Effect of supervision order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 68 Breach of supervision order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 68A Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 PART 8—PROTECTION OF CHILDREN Division 1—Health and welfare of children 69 Offences in relation to the health of children . . . . . . . . . . . . . . . . . . . . . . . . 33 69A Tattooing of children prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 70 Power to arrest offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 71 Power to take child into custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 72 Power to search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Division 2—Registration to take charge of children 73 Application of certain provisions of this division . . . . . . . . . . . . . . . . . . . . . 37 74 Registration of persons having charge of children . . . . . . . . . . . . . . . . . . . . 38 75 Registration of premises for the care of children under 10 years . . . . . . . . . 38

3 Children’s Services Act 1965 76 Cancellation of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 77 Offence to have charge of child in contravention of this part . . . . . . . . . . . 39 78 Director’s powers relating to children in unregistered premises . . . . . . . . . 41 79 Duties of persons in charge of premises required to be registered . . . . . . . . 42 80 Responsibility of person in charge of premises required to be registered . . 43 81 Power to inspect and to issue orders relating to premises required to be registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 82 Restriction on placing child with a view to adoption . . . . . . . . . . . . . . . . . . 44 83 Restriction on the removal of newborn children from premises . . . . . . . . . . 44 84 Restriction on payment for child in the charge of another . . . . . . . . . . . . . . 44 85 Notification to district registrar of birth or death of child in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 PART 9—GUARDIANSHIP AND CUSTODY OF INFANTS 87 Meaning of terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 88 Principle on which questions relating to custody etc. of infants are to be decided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 89 Rights of surviving parent as to guardianship . . . . . . . . . . . . . . . . . . . . . . . . 48 90 Power of father and mother of an infant to appoint guardians . . . . . . . . . . . 49 91 Power of court to appoint guardian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 92 Powers of a guardian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 93 Court may make orders as to custody and maintenance of infants . . . . . . . 51 93A Childrens Court may make interim orders for custody and maintenance . . 52 94 When maintenance order may be enforced by a clerk of the Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 95 Power of court to remove guardian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 96 Production of infant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 97 Power of court as to infant’s religious education . . . . . . . . . . . . . . . . . . . . . 55 98 Disputes between joint guardians . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 99 Rules of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 100 Childrens Court not competent in certain applications . . . . . . . . . . . . . . . . 56 101 Removal of proceeding into Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . 58 102 Inherent jurisdiction of Supreme Court preserved . . . . . . . . . . . . . . . . . . . . . 59 PART 10—FOSTER PARENTS 103 Placing of children in care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

4 Children’s Services Act 1965 104 Approval of foster parents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 105 Restriction on male foster parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 106 No person to be foster parent unless approved . . . . . . . . . . . . . . . . . . . . . . . 61 107 Duties of foster parents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 108 Payment of maintenance to foster parents . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 109 Home of foster parents need not be registered . . . . . . . . . . . . . . . . . . . . . . . 62 PART 11—EMPLOYMENT OF CHILDREN 110 Employment of children in care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 111 Payment of wage of child in care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 112 Director’s power to deal with and dispose of property of child in care . . . . 64 113 Authorisation of street trading by child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 114 Employment of child in unauthorised street trading prohibited . . . . . . . . . . 67 115 Offence to employ children in certain occupations . . . . . . . . . . . . . . . . . . . 67 116 Director may issue permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 117 Holder of a permit to be employed in accordance therewith . . . . . . . . . . . . 69 118 Power of entry and search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 PART 12—MAINTENANCE BY RELATIVES OF CHILDREN IN NEED OF ASSISTANCE AND CHILDREN IN CARE 119 Definition of “relative” and “child” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 120 Priority in liability of relatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 121 Maintenance order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 122 Powers of court in proceeding concerning children of parents not married to each other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 123 Undertaking to pay maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 124 Enforcement of liability to pay maintenance . . . . . . . . . . . . . . . . . . . . . . . . 74 125 Variation of maintenance order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 126 Hearing of complaints in camera . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 127 Husband or wife compellable witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 128 Procedure in proceedings to enforce maintenance orders . . . . . . . . . . . . . . 78 129 Complaint and averments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 PART 13—GENERAL PROVISIONS 131 Parents to be informed of whereabouts of child in care . . . . . . . . . . . . . . . . 79 131A Information about whereabouts of a child in care . . . . . . . . . . . . . . . . . . . . . 79

5 Children’s Services Act 1965 132 Visits to children in care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 133 Offence to remove child in care without authority . . . . . . . . . . . . . . . . . . . . 80 134 Child in care not to leave State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 135 Absconding children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 136 Power to take certain persons into custody . . . . . . . . . . . . . . . . . . . . . . . . . . 83 137 Order on parent or guardian to attend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 138 Restrictions on reporting proceeding concerning child . . . . . . . . . . . . . . . . . 85 138A Power to exclude child in certain circumstances . . . . . . . . . . . . . . . . . . . . . 86 140 Proof of court orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 141 Vacating orders in default of notice to parent or guardian . . . . . . . . . . . . . . 87 142 Powers of department’s representative in relation to court proceedings . . . 87 143 Guardianship of director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 143A Recoupment of expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 143B Director to give notice of reviewable decision . . . . . . . . . . . . . . . . . . . . . . . 89 143C Appeal against reviewable decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 144 Secrecy provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 145 Examination under Act to be performed notwithstanding lack of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 147 Property given for benefit of children in care . . . . . . . . . . . . . . . . . . . . . . . . 93 148 Offence to contravene Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 149 Applications may include several infants . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 150 Assistance to officers of department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 151 Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 152 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 153 Publication of orders in council and regulations . . . . . . . . . . . . . . . . . . . . . . 96 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 98 REVIEWABLE DECISIONS AND AGGRIEVED PERSONS ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . 100 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

6 Children’s Services Act 1965 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

s1 7 s8 Children’s Services Act 1965 CHILDREN’S SERVICES ACT 1965 [as amended by all amendments that commenced on or before 21 December 1998] An Act to promote, safeguard and protect the wellbeing of the children and youth of the State through a comprehensive and coordinated program of child and family welfare PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Children’s Services Act 1965 . ˙ Continuation of appointments 7. Every person who at the commencement of this Act holds an office or position to which the person was appointed under or for the purposes of 1 or more of the Acts repealed by this Act shall continue to hold that office or position or the corresponding office or position under and for the purposes of this Act until the person vacates or is lawfully removed from that office or position and when such office or position has been held, immediately prior to the commencement of this Act, under, subject to and in accordance with the PublicServiceAct1922 , the same or the corresponding office or position shall be and continue to be held under, subject to and in accordance with such lastmentioned Act. ˙ Meaning of terms 8. In this Act— “aggrieved person” , for a reviewable decision, means a person stated opposite the decision in the schedule.

s8 8 s8 Children’s Services Act 1965 “chief executive (health)” means the chief executive of the department in which the Health Services Act 1991 is administered. “child” means a person under or apparently under the age of 17 years, and includes where necessary a person who though not under or apparently under the age of 17 years may lawfully be dealt with by a court or has been dealt with by a court on the basis that the person is a child. “child in care” means a person (whether a child or not) who is for the time being in the care and protection or the care and control of the director. “director” means the chief executive for the purposes of the FamilyServices Act 1987 . “family” means the unit constituted by persons standing in the relationship of parent and child. “father” , in relation to an adopted child, means the adoptive father and, in relation to a child whose parents were not married to each other at the time of its conception and have not since married each other, includes a person who, by his acts or words, recognises the child as his or who has been found by a court to be the putative father of the child. “infant” means a person who has not attained the age of 18 years. “institution” includes any place wherein a child is cared for apart from the child’s parent or guardian. “licensed premises” means premises in relation to which a licence to sell liquor issued pursuant to the Liquor Act 1992 subsists. “maintenance” includes adequate food, clothing, nursing, medical treatment, training, discipline, education, lodging and care. “medical examinations” includes physical, mental or psychological examinations. “mother” , in relation to an adopted infant, means the adoptive mother. “parent” includes a person in loco parentis to a child. “person” includes a body corporate and any association of persons. “premises” means any land, building, vehicle or vessel. “registry district” means a registry district proclaimed pursuant to the Registration of Births, Deaths, and Marriages Act 1962 or deemed by

s 30 9 s 30 Children’s Services Act 1965 that Act so to have been. “relative” means a grandfather, grandmother, brother or sister of the child concerned, a brother or sister of the father or mother of the child concerned, and any child, grandchild or spouse (including a surviving spouse) of such lastmentioned brother or, as the case may be, sister whether the relationship is, in any case, of the whole blood or half blood or by affinity and notwithstanding that the relationship depends upon the adoption of any person, but does not include any person who has not attained the age of 17 years. “reviewable decision” means a decision stated in the schedule. “sell” includes to offer or expose for sale. “street-trading” includes canvassing for orders for the supply of goods whether ascertained or to be ascertained and whether such canvassing occurs in a public place or premises adjacent to a public place or in any other place. PART 4—INSTITUTIONS ˙ Establishment of institutions 30.(1) The Governor in Council may, by order in council, establish admission centres, homes, assessment, remand and treatment centres, training centres, hostels, attendance centres and other types of institutions to provide for the care, protection, education, treatment, training, control and welfare (including religious, moral and material aspects of the same) of children in care and may, in like manner, abolish any of the same. (2) All institutions under the operation and control of the State Children Department at the commencement of this Act shall be deemed to have been established under this section for their respective purposes for the purposes of this Act. (3) The Governor in Council may by order in council vary the purposes for which any institution established under this Act exists and may, in like manner change any type of such institution to another type of institution.

s 31 10 s 32 Children’s Services Act 1965 ˙ Licensing of institutions 31.(1) The Minister may, by signed writing, approve, for the purposes of this Act, of any institution conducted or to be conducted by any person or organisation for the care, protection, education, treatment, training, control or welfare of children. (1A) In every such approval there shall be named the governing authority of the institution so approved and, in addition, some person as the person in charge of the institution concerned who shall thereupon be deemed to be the person in charge of such institution until the appointment of another person as such has been notified to the director in accordance with this Act. (2) Upon approval given under this section the director shall issue in respect of the institution concerned a licence in or to the effect of the prescribed form and such institution shall be a licensed institution until— (a) the governing authority of that institution surrenders such licence; or (b) the Minister, by signed writing, revokes such approval; or (c) the purpose for which such institution is or is to be established at the time of the issue of such licence is varied. (3) Every institution which at the commencement of this Act is a licensed institution under and for the purposes of the State Children Act 1911 shall be deemed to have been so licensed under this section and for the purposes of this Act. ˙ Notification of changes affecting licensed institutions 32.(1) Whenever, in relation to a licensed institution, there is a change in— (a) the person in charge; or (b) the persons constituting the governing authority; or (c) the name of the institution; the governing authority of the institution shall cause notification in writing of such change to be given forthwith to the director. (2) Where the director receives notification of any change in a particular that is shown in the form of licence of a licensed institution the director shall

s 33 11 s 35 Children’s Services Act 1965 inform the Minister who may authorise the making of an appropriate alteration in that particular in the form of licence. ˙ Control of licensed institutions 33.(1) The governing authority of a licensed institution shall, subject to the director, have the sole management and supervision of such institution and control of the appointment of all persons employed at such institution. (2) In all respects not otherwise expressly provided for in this Act such institution and those within it or employed thereat shall be subject to the provisions of this Act applicable to institutions conducted and controlled by the department. ˙ Supervision of standard of care by director 34. The director shall supervise the standard attained by each licensed institution in achieving the purposes for which it exists and for this purpose shall have the right to enter (personally or by agents) upon the premises of such institution at all reasonable hours and to inspect the same and the activities carried on therein. ˙ Records of licensed institution 35.(1) The governing authority of each licensed institution shall cause to be kept at such institution a register of all children from time to time within such institution and to be entered therein— (a) the name of each such child; and (b) the age of each such child upon admission to the institution; and (c) the date of admission of each such child to the institution; and (d) the names and addresses of each child’s parents or, as the case may require, guardian if the same be known; and (e) the dates and times of visits by any person to each such child; and (f) such other particulars as are prescribed. (2) The person in charge of a licensed institution shall— (a) enter in the register required to be kept under subsection (1) all

s 36 12 s 38 Children’s Services Act 1965 particulars required by this Act to be entered therein; and (b) make such register available for inspection by the director, deputy director or any person authorised in writing by the director. ˙ Director to be notified of reception of certain children 36.(1) The governing authority and the person in charge of a licensed institution shall forthwith notify the director of the identity and reception into such institution of a child who, being other than a child in care— (a) is placed in such institution for a period to extend beyond 3 months; or (b) is in such institution for a period exceeding 3 months. (2) A person shall not be convicted in respect of a noncompliance with the provisions of subsection (1) in relation to a particular child if notification in relation to such child has been given to the director by the governing authority of a licensed institution or by a person acting on its behalf or by the person in charge of such institution in accordance with that subsection. ˙ Aid to licensed institutions 37.(1) From moneys appropriated by Parliament for the purpose the director shall pay to the governing authority of each licensed institution in respect of each child in care maintained within such institution a sum calculated at such rate as is prescribed. (2) The Minister may direct by signed writing that such sum be paid in respect of a particular child beyond the time when such child attains the age of 17 years and the director shall pay such sum in accordance with such direction. ˙ Audit of licensed institution accounts 38. Upon request of the Minister the auditor-general shall audit the accounts of any licensed institution and shall have with respect to such audit and accounts all the powers and authorities conferred on the auditor-general by the Financial Administration and Audit Act 1977 and shall report thereon to the Minister.

s 39 13 s 40 Children’s Services Act 1965 ˙ Revocation of approval 39.(1) If the director is dissatisfied with the management, maintenance or condition of any licensed institution the director shall give written notice of that fact to the governing authority of the institution concerned and shall thereby call upon such governing authority to show cause why such institution should not cease to be a licensed institution. (2) If within 2 months after such notice has been given the governing authority does not show cause as aforesaid sufficient to satisfy the director the director may recommend to the Minister that such institution should cease to be a licensed institution. (3) Upon such a recommendation the Minister may by signed writing revoke the approval in relation to such licensed institution and thereupon such institution shall cease to be a licensed institution. ˙ Duties of persons in charge of institutions 40. The governing authority and person in charge of an institution (whether or not established or licensed under this Act) having in its, his or her custody a child shall— (a) provide such child with adequate food, clothing, lodging and care; (b) maintain every part of such institution at all times in a fit and proper state for the care of a child; (c) secure for such child adequate education and religious training of such a type and form as is approved by the director or, in the absence of such an approval as is in the best interests of such child; (d) ensure that such child receives adequate medical and dental treatment; (e) do, observe and carry out all acts, requirements and directions prescribed by this Act or by any order of the director in relation to the institution and the care of such child.

s 41 14 s 43 Children’s Services Act 1965 PART 5—CHILDREN IN NEED OF ASSISTANCE ˙ Assistance to families 41.(1) When it appears to the director that the income or resources of a family is or are inadequate to maintain or properly care for the child or children of that family or that from any other cause such child or children is or are in need of assistance the director may in the director’s discretion give assistance to such family in such form and for such period as the director may determine. (2) For the purpose of securing to any person education or vocational training on a full-time basis the Minister may, in relation to a person who or whose family is receiving or would, were the person a child, receive assistance under this part, direct that such assistance may be given to such person or to the person’s family notwithstanding that the person has attained the age of 17 years and the director may give such assistance to such person or to the person’s family accordingly. (3) When such assistance involves the expenditure of money by the director the power conferred by this section shall be subject to appropriation by Parliament of moneys for the purpose. ˙ Guardianship of children assisted 42. The giving of assistance to a family or to any person under this part shall not in any way affect the guardianship or custody of any person concerned at the time such assistance is given. ˙ Assistance may be conditional on supervision 43. The director may, in any case where the director considers the circumstances warrant it, make the giving of assistance under this part conditional upon the family or person concerned accepting such supervision over any member of such family or over such person as the director may, from time to time, consider necessary or desirable and upon such other conditions as the director may, from time to time, in writing, specify.

s 44 15 s 44 Children’s Services Act 1965 ˙ Director’s power in respect of assistance 44.(1) In relation to assistance given under this part the director may— (a) cause such assistance to be applied to such purposes, or to be paid or given to such persons (whether or not they be members of the assisted family), in such proportions as the director, from time to time, determines; (b) from time to time, vary the form of such assistance as the director considers the circumstances of the case require; (c) cease all such assistance if— (i) the family concerned or the person being assisted is not complying with any condition to which the giving of such assistance is subject; or (ii) the family concerned does not bona fide cooperate with the director in securing the maintenance and proper care of any child of that family; or (iii) for any other reason the director considers that such assistance should no longer be given. (2) In determining whether or not such assistance should cease the director shall consider, as the paramount consideration, the wellbeing and proper care of the child or children of the family concerned or, as the case may be, of the person for whom such assistance is given. (3) Where assistance is being or has been given under this part to a family and it appears to the director that a person who should care for the family is in such circumstances that the person may reasonably be expected to contribute to the cost of such assistance and that it is just that the person should be called upon to so contribute, the director, upon proof to the court that it is just that the defendant be called upon to so contribute, may recover from the person by proceedings in a court of competent jurisdiction, as for a debt due and owing by the person to the director and unpaid, the amount that, as at the date the order of the court is pronounced, has been paid by way of the assistance for which the person is (by this subsection and subsection (4)) made liable or, as the case may require, the value of such assistance given as at that date, or any part of that amount or value. (3A) In a proceeding for the recovery of money under subsection (3), a certificate purporting to be by the director that it appears to the director that

s 45 16 s 46 Children’s Services Act 1965 the matters specified in subsection (3) as a condition precedent to the director’s right of recovery are established shall be conclusive evidence of the existence of the condition precedent. (4) For the purposes of subsections (3) and (3A) a person who should care for the family in question— (a) in respect of assistance given in relation to the mother of the family—is her husband at the time the assistance is given, or any person who, within 6 months prior to the time the giving of assistance is commenced, had lived in a connubial relationship with her; (b) in respect of assistance given in relation to a child of the family or other person in relation to whom assistance may be given under this part were the person a child—is the mother or father of the child or other person, or is a person who, at the time the assistance is given, is a step-parent of the child or other person, or a person who, within 6 months prior to the time the giving of assistance is commenced, had lived in a connubial relationship with the mother or father of the child or other person. (5) Where pursuant to subsections (3) and (4) 2 or more persons are liable in respect of the same assistance given, those persons shall be jointly and severally so liable. ˙ Assistance to be given as prescribed 45. When the amount or quantity of assistance to be given under this part or any other matter in relation to such assistance is prescribed the director shall give such assistance as so prescribed. PART 6—CHILDREN IN NEED OF CARE AND PROTECTION ˙ Children in need of care and protection 46.(1) For the purposes of this Act a child shall be deemed to be in need

s 46 17 s 46 Children’s Services Act 1965 of care and protection if— (a) not having a parent or guardian who exercises proper care of and guardianship over him or her, the child is— (i) neglected; or (ii) exposed to physical or moral danger; or (iii) falling in with bad associates; or (iv) likely to fall into a life of vice or crime; (b) the child is in the custody of a person who is unfit by reason of the person’s conduct and habits to have custody of the child; (c) the child is a person in relation to whom any of the offences mentioned in part 8 has been committed; (d) the child is a member of the same household as— (i) a child in relation to whom an offence mentioned in part 8 has been committed; or (ii) a person who has been convicted of such an offence in relation to a child; and appears to be in danger of the commission upon or in relation to the child of a similar offence; (e) the child is a member of a household a member of which has been convicted of an offence under the CriminalCode, section 222 or 223; (f) the child begs or gathers alms, whether or not accompanied with the pretext of a sale or otherwise, or the child is in or adjacent to a public place for the purpose of so begging or gathering alms; (g) the child is found apparently abandoned, or loitering or sleeping in a public place and has no visible lawful means of support or no settled place of abode; (h) the child carries on street trading that is not authorised by section 113; (i) the child takes part in any public exhibition or performance of a type referred to in this Act without a permit under part 11 so to do;

s 47 18 s 47 Children’s Services Act 1965 (j) not being a child or ward of the licensee—the child is, without lawful excuse, in a betting shop or billiard room, or the bar-room, billiard room or beer garden of any licensed premises; (k) the child is served with intoxicating liquor in any of the premises mentioned in paragraph (j); (l) being in the care of a person other than a parent, relative or guardian of such child—the child is apparently deserted by his or her parent or guardian; (m) being under the school leaving age as provided for from time to time by law—the child is regularly absent from school without reasonable and adequate excuse; (n) being under such an age that the child is not criminally responsible for any act notwithstanding that, at the time of doing the act, the child had the capacity to know that the child ought not to do the act—the child does an act which would of itself or with other elements constitute an offence on the child’s part if the child were of or over that age and had the aforesaid capacity; (o) the child is for any other reason in need of care and such care cannot be adequately provided by the giving of assistance under part 5. (2) The provisions of subsection (1)(f) do not apply to a child who is seeking aid by lawful means for any purpose of a religious, charitable, educational or sporting organisation or is in or adjacent to a public place for that purpose. ˙ Voluntary admission to care and protection 47.(1) An application may be made to the director in or to the effect of the prescribed form to admit any child to the director’s care and protection by any of the following persons— (a) a parent of such child; (b) a guardian of such child; (c) a relative of such child; (d) a person of good repute.

s 48 19 s 49 Children’s Services Act 1965 (1A) Upon receipt of such an application the director shall make such inquiry and investigation as the director considers necessary and shall hear all objections made to the director concerning such application. (2) If the director is satisfied that the child in respect of whom such an application is made is in need of care and protection and that such care and protection cannot be secured to such child by the giving of assistance under part 5 the director shall by signed writing declare such child to be admitted to the director’s care and protection. (2A) Such declaration shall be sufficient authority for any person acting on behalf of the director at any time while such declaration continues in force to take the child in care into the director’s custody and to deliver such child in care to such place as the director, from time to time directs, and for the person in charge of any such place to receive and keep the child in care until such child in care is otherwise lawfully dealt with. (3) No provision of this section shall be construed to render it mandatory upon the director to take any child into the director’s custody. ˙ Duration of care and protection 48. A declaration made pursuant to section 47 shall continue in force until— (a) the director revokes such declaration; or (b) the expiration of 1 month after the date on which a parent of the child in care in respect of whom the declaration was made or a person who prior to the making of such declaration was a guardian of such child in care applies to the director to undertake the care and protection of such child; or (c) the Childrens Court makes an order, pursuant to this part, in relation to the child in care in respect of whom such declaration was made; or (d) the child in care in respect of whom the declaration was made attains the age of 18 years. ˙ Admission to care and protection by court order 49.(1) An officer of the department authorised in that behalf by the

s 49 20 s 49 Children’s Services Act 1965 director or a police officer may apply to the Childrens Court for an order that a child be admitted to the care and protection of the director. (2) An officer of the department authorised in that behalf by the director or any police officer may, without further authority than this Act, take into custody on behalf of the director any child who appears or who such officer suspects on reasonable grounds to be in need of care and protection. (2A) The person so taking a child into custody shall— (a) forthwith upon such taking notify the director of that fact; and (b) as soon as practicable after such taking apply to the Childrens Court for an order that such child be admitted to the care and protection of the director. (2B) Pending determination by the Childrens Court of such an application the child shall be cared for in a manner consistent with the child’s best interests— (a) by a person chosen by the court; or (b) in the absence of such a choice, by the person who took the child into custody or by a person chosen by the person; and for this purpose the person entrusted with the child’s care may retain custody of the child. (2C) If under subsection (2) the court chooses the director to care for a child it shall remand the child into the temporary custody of the director. (3) Upon an application made to it under this section the Childrens Court shall— (a) order to be made in relation to the child concerned such investigations and medical examinations as to the court appear necessary or desirable and, if it does so, the court— (i) shall remand the child into the temporary custody of the director; and (ii) shall be furnished with reports of such investigations and examinations; (b) hear any objection to such application; (c) if it appears to such court that the best interests of such child

s 50 21 s 50 Children’s Services Act 1965 require it, adjourn such application to another Childrens Court whereupon it shall be deemed that such application was made in the first instance to such other Childrens Court. (4) The Childrens Court— (a) if it is satisfied that such child is in need of care and protection, may— (i) order a parent or guardian (other than the director) of such child to enter into a recognisance in such amount as the court fixes without a surety or with such surety or sureties as the court orders conditioned that such parent or guardian exercise proper care, protection and guardianship in respect of such child; (ii) order that the director shall have protective supervision over and in relation to such child; (iii) subject to section 52, order that such child be admitted to the care and protection of the director; (iv) make such order as to the costs of the application and of any investigation or assessment made in respect of such child pursuant to the court’s order as the court thinks just; (b) if it is not so satisfied, shall refuse to make any order. ˙ Application for court order in respect of child in care by declaration of director 50.(1) The director may at any time during the continuance in force of a declaration made pursuant to section 47 apply to the Childrens Court for an order that the child in care in respect of whom such declaration was made, be admitted to the director’s care and protection. (2) Upon such an application the court shall— (a) order such investigations and medical examinations to be made in relation to such child in care as to the court appear necessary or desirable and, if it does so order, be furnished with reports of such investigations and examinations; (b) hear any objection to such application;

s 51 22 s 51 Children’s Services Act 1965 and may— (c) make the order sought; or (d) make any other order or orders it could make upon an application made under section 49; or (e) refuse to make any order. (3) If upon such an application the court does not make the order sought the court may and, if the director has custody of the child in care in respect of whom such application is made, shall name the person or persons into whose custody such child in care shall be given and until the right to custody of such child in care passes elsewhere according to law the same shall pass to and vest in such named person or persons accordingly. (4) If the guardianship of such child thereafter vests in the director according to law the right to custody of such child shall likewise pass to and vest in the director. ˙ Application to revoke or substitute court order 51.(1) An application may be made to the Childrens Court which has made an order referred to in section 49(4)(a)(i), (ii) or (iii) upon an application made pursuant to that section or pursuant to section 50 to revoke such order or to make another order in substitution for it. (1A) Such an application may be made by— (a) the director; or (b) a parent or guardian of the child or child in care concerned; or (c) a person who was guardian of the child or child in care concerned immediately before such order was made. (2) Upon such an application the court shall— (a) order such investigations and medical examinations to be made in relation to the child or child in care as to the court appear necessary or desirable and if it does so order, shall be furnished with reports of such investigations and examinations; (b) hear any objection to such application; and may—

s 52 23 s 52 Children’s Services Act 1965 (c) make an order that the order the subject of the application be revoked; or (d) make any order in substitution for such order as the court may make upon an application made pursuant to section 49; or (e) refuse to make any order. (3) The court shall not entertain any such application in respect of any child or child in care within 6 months of the date of the hearing of a previous such application in respect of the same person except when such subsequent application is made by the director who is exercising supervision over such person. (4) If upon such an application the court revokes an order that a child be admitted to the care and protection of the director or in substitution for such an order makes any other order the court may and, if the director has custody of the child in care in respect of whom such application is made, shall name the person or persons into whose custody such child in care shall be given and until the right to custody of such child in care passes elsewhere according to law the same shall pass to and vest in such named person or persons accordingly. (5) If the guardianship of such child thereafter vests in the director according to law the right to custody of such child shall likewise pass to and vest in the director. ˙ Limitation on court’s admitting to care and protection 52.(1) The Childrens Court shall not order that a child be admitted to the care and protection of the director unless such court— (a) is satisfied that such child is in need of care and protection; and (b) is not satisfied that such care and protection can be secured to such child by any other order it may make. (2) Upon every application made to the Childrens Court under this part the court shall determine the matter in the manner which appears to the court to be in the best interests of the child or child in care concerned.

s 52A 24 Children’s Services Act 1965 s 55 ˙ Appeals 52A. A person aggrieved by an order of the Childrens Court under this part may appeal against the order under the ChildrensCourtAct1992 , part 4A. ˙ Duration and effect of certain orders 53.(1) An order made by the Childrens Court that a child be admitted to the care and protection of the director or that the director shall have protective supervision over and in relation to any child shall continue in force until— (a) the child in relation to whom such order is made attains the age of 18 years; or (b) the Childrens Court otherwise orders; or (c) the director releases the child or child in care from the operation of such order. (2) An order that a child be admitted to the care and protection of the director shall be sufficient authority for any person acting on behalf of the director, at any time while such order continues in force, to take the child in care into the director’s custody and to deliver such child in care to such place as the director, from time to time, directs and for the person in charge of any such place to receive and keep such child in care until such child in care is otherwise lawfully dealt with. ˙ Director may release child 54. The director may, by signed writing, release any child or child in care from the operation of an order made by the Childrens Court that the child concerned be admitted to the care and protection of the director or that the director have protective supervision over and in relation to the child concerned. ˙ Guardianship of child admitted to care and protection 55.(1) When the director has declared a child to be admitted to the director’s care and protection or the Childrens Court has ordered that a child

s 56 25 s 56 Children’s Services Act 1965 be admitted to the care and protection of the director the guardianship of such child in care shall pass to and, for so long as the declaration or, as the case may be, order continues in force, vest in the director. (2) When a declaration made by the director that a child be admitted to the director’s care and protection ceases to be in force the guardianship of such child in care shall— (a) where such declaration has ceased to be in force by reason of the order of the Childrens Court that the child in care in respect of whom such declaration was made be admitted to the care and protection of the director—remain vested in the director for so long as such order continues in force; (b) in any other case—pass to and vest in the person or persons who, but for such declaration, would in law be guardian of such child in care. (3) When an order of the Childrens Court that a child be admitted to the care and protection of the director ceases to be in force, the guardianship of such child in care shall pass to and vest in the person or persons who, but for such order would in law be guardian of such child in care. ˙ Protective supervision order 56.(1) When the Childrens Court orders that the director shall have protective supervision over and in relation to any child— (a) such court shall, in its order, specify the matters and objects in relation to which the director is to exercise the director’s supervision; (b) the director may, pursuant to such order, order the child concerned, a parent or guardian of such child, a person in whose custody such child is, or any 2 or more of such persons to do or refrain from doing any act or thing which, in the directors’ opinion, pertains to a matter or object specified in such court order and to this end may order attendance at attendance centres maintained for the purposes of this Act whether or not a court has so ordered. (2) Every order issued pursuant to subsection (1)(b) shall be in writing under the hand of the director or some person authorised by the director in

s 58 26 s 59 Children’s Services Act 1965 that behalf. (3) Any person who contravenes or fails to comply with an order issued pursuant to subsection (1)(b) commits an offence against this Act. ˙ Duty of director to child admitted to care and protection 58.(1) When a child is admitted to the care and protection of the director either by declaration of the director or by order of the Childrens Court it shall be the duty of the director to utilise the director’s powers and the resources of the department so as to further the best interests of such child in care and, in the performance of that duty and without limiting the director’s discretion in that regard, the director may, from time to time, make use of such facilities and services as may be available or be made available by— (a) any parent of such child in care; (b) a relative or friend of such child in care; (c) any person approved by the director; (d) placing such child in care in an institution established or licensed pursuant to part 4; (e) placing such child in care in a boarding school, hostel or any other place considered by the director to be in the best interests of such child in care. (1A) The director may impose such conditions upon the use the director makes or proposes to make of any of such facilities and services as the director considers to be in the best interests of the child in care concerned. (2) A child admitted to the care and protection of the director shall not be placed, while so admitted, in a child training centre except with the approval of the Minister first had and obtained. ˙ Preservation of rights of guardians 59. Except as is expressly provided in this part the provisions of this part or the making of an order pursuant to this part or the fact that such an order has ceased to be in force shall not be construed or taken to avoid, or

s 60 27 s 61 Children’s Services Act 1965 prejudice the rights of any person who, except for the provisions of this part would be, in law, guardian of any person. PART 7—CHILDREN IN NEED OF CARE AND CONTROL ˙ Child in need of care and control 60. For the purposes of this Act a child shall be deemed to be in need of care and control if— (a) the child is falling or is likely to fall into a life of vice or crime or addiction to drugs; (b) the child is exposed to moral danger; (c) the child is or appears to be uncontrollable. ˙ Committal to care and control 61.(1) An officer of the department authorised in that behalf by the director, a police officer or a parent or guardian of the child concerned may apply to the Childrens Court for an order that a child be committed to the care and control of the director. (2) An officer of the department authorised in that behalf by the director or any police officer may, without further authority than this Act, take into custody on behalf of the director any child who appears or who such officer suspects on reasonable grounds to be in need of care and control. (2A) The person so taking a child into custody shall— (a) forthwith upon such taking notify the director of that fact; and (b) as soon as practicable after such taking apply to the Childrens Court for an order that such child be committed to the care and control of the director. (2B) Pending determination by the Childrens Court of such an application the child shall be cared for in a manner consistent with the

s 61 28 s 61 Children’s Services Act 1965 child’s best interests— (c) by a person chosen by the court; or (d) in the absence of such a choice, by the person who took the child into custody or by a person chosen by the person; and for this purpose the person entrusted with the child’s care may retain custody of the child. (2C) If under subsection (2B) the court chooses the director to care for a child it shall remand the child into the temporary custody of the director. (3) Upon an application made to it under this section the Childrens Court shall— (a) order to be made in relation to the child concerned such investigations and medical examinations as to the court appear necessary or desirable and, if it does so, the court— (i) shall remand the child into the temporary custody of the director; and (ii) shall be furnished with reports of such investigations and examinations; (b) hear any objection to such application; (c) if it appears to such court that the best interests of such child require it, adjourn such application to another Childrens Court whereupon it shall be deemed that such application was made in the first instance to such other Childrens Court. (4) The Childrens Court— (a) if it is satisfied that such child is in need of care and control, may— (i) order a parent or guardian (other than the director) of such child to enter into a recognisance in such amount as the court fixes without a surety or with such surety or sureties as the court orders conditioned that such parent or guardian exercise proper care, protection and guardianship in respect of such child; (ii) order that the director exercise supervision over and in relation to such child; or

s 64 29 s 64 Children’s Services Act 1965 (iii) subject to subsection (5), order that such child be committed to the care and control of the director; (b) if it is not so satisfied but is satisfied that such child is in need of care and protection, may make any order which pursuant to section 49(4)(a)(i), (ii) or (iii) the court may make were the application before the court an application made under section 49 and were the court satisfied that the child concerned is in need of care and protection; (c) if it is not satisfied that such child is in need of care and control or care and protection, shall refuse to make any order; (d) in any case may make such order as to the costs of the application and of any investigation or assessment made in relation to such child pursuant to the court’s order as the court thinks fit. (5) The Childrens Court shall not order that a child be committed to the care and control of the director unless such court— (a) is satisfied that such child is in need of care and control; and (b) is not satisfied that such care and control can be secured to such child by any other order it may make. (6) An order made pursuant to subsection (4)(a) shall continue in force until— (a) the child in respect of whom the order is made attains the age of 18 years; or (b) the Minister orders the discharge of such child from the care and control of the director. (7) An order made pursuant to subsection (4)(b) shall be deemed to be an order made upon an application made pursuant to part 6 and shall be subject to the provisions of that part accordingly. ˙ Guardianship of person committed to care and control 64.(1) When a court orders that a person be committed to the care and control of the director the guardianship of such person shall thereupon pass to and, for so long as such order continues in force, vest in the director. (1A) When such an order ceases to be in force the guardianship of the

s 65 30 s 67 Children’s Services Act 1965 child in care shall pass to and vest in the person or persons who, but for such order, would in law be guardian of such child in care. (2) An order committing a child to the care and control of the director is sufficient authority— (a) for a person acting on behalf of the director, to take the child into custody and to deliver the child to a place the director determines; and (b) for the person in charge of the place to receive and keep the child in care until the child is otherwise lawfully dealt with. ˙ Duty of director to child committed to care and control 65.(1) When a person is committed to the care and control of the director it shall be the duty of the director to utilise the director’s powers and the resources of the department so as to further the best interests of such child in care and, in the performance of that duty and without limiting the director’s discretion in that regard, the director may from time to time make use of such facilities and services as may be available or be made available by— (a) any parent of such child in care; (b) a relative or friend of such child in care; (c) any person approved by the director; (d) placing such child in care in an institution established or licensed pursuant to part 4; (e) placing such child in care in a hostel or any other place considered by the director to be in the best interests of such child. (2) The director may impose such conditions upon the use the director makes or proposes to make of any of such facilities and services as the director considers to be in the best interests of the child in care concerned. ˙ Effect of supervision order 67.(1) When it is ordered under this Act that the director exercise supervision over and in relation to any person—

s 68 31 s 68 Children’s Services Act 1965 (a) matters and objects in relation to which the supervision is to be exercised may be specified in the order and such matters and objects shall be taken to be objects of the order for the purpose of section 68; (c) the director may order the person over and in relation to whom the supervision is exercised a parent or guardian of that person, a person in whose custody that person is, or any 2 or more of such persons to do or refrain from doing any act or thing (including attending attendance centres maintained for the purposes of this Act, whether or not a court has so ordered) that, in the opinion of the director pertains to a matter or object specified in the order or, in so far as not so specified, is in the best interests of the person over and in relation to whom the supervision is exercised. (2) An order made under subsection (1)(c) shall be in writing signed by the director, or a person authorised by the director in that behalf. (3) A person who contravenes or fails to comply with an order made under subsection (1)(c) commits an offence against this Act. ˙ Breach of supervision order 68.(2) If the director— (a) is satisfied that a person over and in relation to whom the director is exercising supervision is not cooperating with the director to achieve the objects of the order whereby such person was made subject to the director’s supervision or is contravening or failing to comply with any order issued by the director pursuant to section 67(1)(c); or (b) is not satisfied that the conditions under which such a person is living are conducive to the welfare of such person; the director may cause an officer of the department or any police officer without further authority than this Act to take such person into custody on behalf of the director and, as soon as practicable, to bring such person before the Childrens Court notwithstanding that the person is not a child. (3) The Childrens Court before which a person is brought pursuant to subsection (2) shall—

s 68 32 s 68 Children’s Services Act 1965 (a) order such investigations and medical examinations to be made in relation to such person as to the court appear necessary or desirable and, if it does so order, be furnished with reports of such investigations and examinations; (b) remand such person into the temporary custody of the director until such investigations and examinations are completed; (c) hear any objection to the return of such person to the care and control of the director; (d) if it appears to such court that the best interests of such person require it, adjourn such proceeding to another Childrens Court whereupon it shall be deemed that such person was brought before such other Childrens Court in the first instance; (e) — (i) commit or, as the case may be, recommit such person to the care and control of the director until the person attains the age of 19 years if the person has then attained the age of 16 years but, in any other case, until the person attains the age of 18 years; or (ii) extend the period during which the director is to exercise supervision over and in relation to such person until the person attains the age of 19 years; or (iii) specify matters and objects or, as the case may be, further matters and objects in relation to which the director is to exercise the director’s supervision; or (iv) impose upon such person a fine not exceeding $50; whichever order or orders the court considers warranted in the circumstances. (4) When a court has, pursuant to this section, varied a supervision order the order as so varied shall be deemed to be the order under which the director is to exercise supervision over and in relation to the person concerned and may be carried into effect under section 67 accordingly.

s 68A 33 Children’s Services Act 1965 s 69 ˙ Appeals 68A. A person aggrieved by an order of the Childrens Court under this part may appeal against the order under the ChildrensCourtAct1992 , part 4A. PART 8—PROTECTION OF CHILDREN Division 1—Health and welfare of children ˙ Offences in relation to the health of children 69.(1) A person having a child in his or her charge shall not ill-treat, neglect, abandon or expose the child in a manner likely to cause the child unnecessary suffering or to injure the child’s physical or mental health nor suffer the child to be so ill-treated, neglected, abandoned or exposed. Maximum penalty—40 penalty units or 1 year’s imprisonment. (1AA) If any person who contravenes any provision of subsection (1) has benefited or would, but for any provision or rule of law preventing the person so doing, benefit or, to the person’s knowledge, stands to benefit, directly or indirectly, by reason of any property or any interest therein accruing to the person or to any other person upon the death of the child in question the person shall be liable to a fine of $1 000 or to 2 years imprisonment. (1A) A person having a child in his or her charge shall not leave the child for a time that is unreasonable having regard to all the circumstances of the case unless the person makes reasonable provision for the supervision and care of the child during that time. Maximum penalty—20 penalty units or 3 months imprisonment. (1B) Proceedings in respect of a contravention of subsection (1A) shall not be brought against a person who is under the age of 17 years, not being the parent or guardian of the child concerned. (2) A person convicted of an offence against subsection (1) or (1A) may,

s 69 34 s 69 Children’s Services Act 1965 instead of, or in addition to, any punishment to which the person is liable, be ordered to enter into a recognisance, with such surety or sureties or without any surety as the court may determine, in such amount as the court thinks fit conditioned that the person shall keep the peace and be of good behaviour for a period not exceeding 1 year and that the person shall observe such further terms and conditions as are specified by the court or prescribed by the Governor in Council (who is hereby thereunto empowered) and to be imprisoned until such recognisance is or, as the case may require, recognisances are entered into but so that such imprisonment shall not be for a period longer than 3 months. (2A) If during the period of the recognisance such person is again convicted of a contravention of any provision of subsection (1) or (1A) or of an offence of the same or a similar nature or contravenes or fails to obey any condition of the recognisance or any further term or condition which the person is required to obey by order of a court or prescription of the Governor in Council the person is liable to have the recognisance forfeited and, in addition, the person commits an offence against this Act. (3) A person having the charge of a child shall be deemed to have neglected the child in a manner likely to cause the child unnecessary suffering or to injure the child’s health physical or mental, as the circumstances may indicate, if— (a) being able to so provide from the person’s own resources, the person fails to provide adequate food, clothing, medical treatment, lodging or care for such child; or (b) being unable to so provide from the person’s own resources, the person fails to take all lawful steps within the person’s knowledge to procure the provision of adequate food, clothing, medical treatment, lodging and care for such child. (4) A person may be convicted of an offence against this section notwithstanding— (a) that suffering or injury to the health of the child in question or the likelihood of suffering or injury to the health of the child in question was avoided by the action of another person; or (b) that the child in question has died. (5) No provision of this section shall be construed to prejudice the rights

s 69A 35 Children’s Services Act 1965 s 70 of a parent, guardian, teacher or other person having lawful charge of a child to administer reasonable punishment to such child. (6) A person charged with any offence against this section may be convicted of any other offence against this section which is established by the evidence. (7) When a person appears before a court charged with an offence against subsection (1) or (1A) the court may, in the absence of proof of age, decide upon its own view, without further inquiry or after such inquiry as it considers warranted in the circumstances, whether a person concerned in the charge is a child and if such court decides that such person is a child it shall be so deemed until the contrary is proved. ˙ Tattooing of children prohibited 69A. A person shall not tattoo a child or otherwise make upon the skin of a child any permanent mark or design resembling a tattoo. Maximum penalty—40 penalty units or 6 months imprisonment. ˙ Power to arrest offenders 70. Any police officer may arrest without warrant, any person who— (a) within the sight of such police officer commits an offence against section 69 when the name and address of such person are unknown to such police officer and the police officer cannot forthwith ascertain the same; (b) has committed or whom such police officer believes on reasonable grounds to have committed an offence against section 69 if— (i) the police officer believes on reasonable grounds that such person will abscond; or (ii) the police officer does not know the name and address of such person and cannot forthwith ascertain the same.

s 71 36 s 72 Children’s Services Act 1965 ˙ Power to take child into custody 71.(1) Any officer of the department or any police officer may report the facts constituting an offence against section 69 to a justice who may issue written authority to take the child concerned in such offence into custody and to convey the child to and to keep the child in a place of safety until the child can be lawfully dealt with pursuant to this Act. (2) Any officer of the department or any police officer may carry out the authority of a justice issued under this section. ˙ Power to search 72.(1) When any person makes it appear to a stipendiary magistrate or magistrate of the Childrens Court by information on oath that there is reasonable cause to suspect that an offence against section 69 has been committed or is being committed and that such person is bona fide acting in the interests of the child concerned in such offence such magistrate may issue a warrant authorising all officers of the department and all police officers to search for such child and for that purpose to enter any premises and to take into custody any person whom they believe on reasonable grounds to be a child in respect of whom such an offence has been or is being committed and to convey the child to a place of safety and to there keep the child until the child can be lawfully dealt with pursuant to this Act. (2) For the purpose of executing such a warrant the person executing the same— (a) may be accompanied by a legally qualified medical practitioner; (b) if the person is other than the person on whose information the warrant is founded—shall be accompanied by that person unless the magistrate who issues the warrant otherwise directs; (c) may enter (using such force as is reasonable), together with any person lawfully accompanying him or her, any premises or place wherein the person executing the warrant reasonably suspects such child to be.

s 73 37 s 73 Children’s Services Act 1965 Division 2—Registration to take charge of children ˙ Application of certain provisions of this division 73.(1) The provisions of sections 74, 75 and 77 shall not apply in respect of the having in charge of any child— (a) by any person over the age of 17 years who has charge of such child— (i) with the authority of a parent, relative or guardian of such child; and (ii) in the premises which prior to the commencement of such charge has been the place of residence of such child; and (iii) during the temporary absence from such premises of such parent, relative or guardian; (b) by any person over the age of 17 years who has charge of such child— (i) with the authority of a parent, relative or guardian of such child; and (ii) while such child is bona fide paying a visit to or residing with such person either during the temporary absence from such child’s place of residence of such parent, relative or guardian or for the purpose of— (a) such child’s having a holiday; (b) securing education for such child; (c) obtaining medical treatment for such child from or under a legally qualified medical practitioner; (d) any other like or prescribed object. (2) No provision of this section shall be construed to extend to a temporary absence, visit or residence the purpose of which is to enable a person having charge of a child to have charge of such child permanently.

s 74 38 s 75 Children’s Services Act 1965 ˙ Registration of persons having charge of children 74.(1) Any person other than the director, a person acting on the director’s behalf, a father, mother, relative, or guardian of the child concerned and other than a person who, were the person charged with an offence under section 77, would, by that section, be provided with a defence to such charge who proposes to take into his or her charge a child under the age of 10 years for a period exceeding 48 hours shall apply to the director in or to the effect of the prescribed form to be registered for such purpose. (1A) Upon receipt of such an application the director shall cause the applicant to be investigated with a view to ascertaining the applicant’s suitability for such purpose. (2) If the director determines that such an applicant is suitable for such purpose the director may register the applicant accordingly and, if the director does so, shall give to the applicant a certificate in or to the effect of the prescribed form. (3) A registration effected pursuant to this section shall be sufficient registration, for so long as it subsists, for the purpose of the person so registered taking into his or her charge any further child or children under the age of 10 years. ˙ Registration of premises for the care of children under 10 years 75.(1) Any person other than the director, a person acting on the director’s behalf, a father, mother, relative or guardian of the child concerned, who desires to use any premises other than premises referred to in section 77(2)(a) for the purpose of having in his or her charge a child under the age of 10 years for a period exceeding 48 hours, shall apply to the director in or to the effect of the prescribed form for registration of such premises for such use. (2) Upon receiving such an application the director shall cause the premises concerned to be inspected by an officer of the department who, for this purpose, may be accompanied by a legally qualified medical practitioner. (3) If the director grants such an application the director— (a) shall specify as a condition of such registration, the maximum number of children who may at any time be cared for in the

s 76 39 s 77 Children’s Services Act 1965 premises concerned; and (b) may, from time to time, impose such other conditions upon such registration as the director thinks fit; and (c) may, from time to time, vary, revoke or re-impose any such condition; and (d) shall issue to the applicant a certificate of registration which shall identify the premises concerned; and (e) shall, from time to time, provide the applicant with a list of the conditions for the time being applicable in respect of such registration. (4) A registration effected pursuant to this section shall be sufficient registration, for so long as it subsists, for the purpose of the premises so registered being used, subject to and in accordance with conditions imposed by the director, for having in charge any further child or children under the age of 10 years. ˙ Cancellation of registration 76.(1) The director may at any time by notice in writing call upon a person— (a) who is registered pursuant to section 74; or (b) in respect of whose premises a certificate of registration has been issued pursuant to section 75; to show cause why such registration should not be cancelled and if within 14 days after the giving of such notice such person does not show such cause to the satisfaction of the director, the director may cancel the registration concerned. (2) Upon such cancellation the director shall in writing notify the person concerned thereof and such person shall within 7 days after receipt of such notice surrender to the director the certificate issued by the director in respect of the registration so cancelled. ˙ Offence to have charge of child in contravention of this part 77.(1) A person who, in any premises, has in his or her charge a child

s 77 40 s 77 Children’s Services Act 1965 under the age of 10 years for a period in excess of 48 hours commits an offence against this Act unless— (a) such person is the director or a person acting on the director’s behalf, a father, mother, relative or guardian of the child concerned; or (b) such person is registered under this part and such premises are registered under this part. (1A) In any proceeding in respect of an offence against this section the court may form its own view of the age of any child concerned and, if it is of opinion that such child is under the age of 10 years, may convict the defendant notwithstanding that the age of such child has not been proved. (2) A person shall not be convicted of an offence under subsection (1) if it is shown— (a) in relation to a charge which alleges that the premises concerned were not registered under this division—that such premises were, at the relevant time— (i) a health service within the meaning of the Health ServicesAct 1991 ; or (ii) an institution within the meaning of the Charitable Institutions Management Act 1885 ; or (iii) a private hospital within the meaning of the Health Act 1937 ; or (iv) an institution licensed under part 4; or (v) an institution wholly maintained by the State; or (vi) a school, institution or establishment conducted solely for educational purposes; or (vii) premises wherein, in addition to the child concerned, there was also present, at the relevant time, a father, mother, relative or guardian of such child and such father, mother, relative or guardian was not absent from such premises for a period in excess of 48 consecutive hours during such child’s stay in such premises; or (viii)premises exempted by or under this Act from the provisions

s 78 41 s 78 Children’s Services Act 1965 of section 75; (b) in relation to a charge which alleges that the defendant was not registered under this division, that such defendant was, at the relevant time— (i) a person in charge of any of the premises referred to in paragraph (a)(i) to (vii) and that the child concerned was, at the relevant time, in the person’s charge in one of such premises; or (ii) a person exempted by or under this Act from the provisions of section 74. Exemption by director (3) In any case where the director is satisfied that the provisions of sections 75 or 74 need not apply the director may, by signed writing, exempt the premises concerned or the person in charge thereof or both from those provisions either generally or for such period as the director therein specifies and may, by notice in writing to the person in charge of premises so exempted or, as the case may be, to the person so exempted, revoke such an exemption. (4) A person shall not be convicted of an offence under subsection (1) if it is shown that such an exemption subsisted at the time in question in respect of the premises or, as the case may be, person concerned. ˙ Director’s powers relating to children in unregistered premises 78. Where the director is satisfied that any child is in the charge of any person contrary to the provisions of this division then whether or not such person is prosecuted for an offence thereby committed the director may— (a) transfer such child to the custody of a father, mother, relative or guardian of such child; or (b) transfer such child to the care of a person registered under this Act upon a parent, relative or guardian of such child entering into an agreement with such registered person for the care and maintenance of such child; or (c) admit such child into the director’s care and protection;

s 79 42 s 79 Children’s Services Act 1965 and, for the purposes of this section, take the child concerned into the director’s custody or cause the child to be taken into the custody of some person on the director’s behalf. ˙ Duties of persons in charge of premises required to be registered 79.(1) A person in charge of premises required to be registered under this division shall— (a) keep upon such premises a register in the prescribed form and shall enter or cause to be entered therein all such particulars as are prescribed; (b) comply with every condition for the time being applicable in respect of the registration of such premises; (c) produce for the inspection of the director or of any officer of the department the register required by this section to be kept; (d) within 7 days after the reception into such premises of a child under the age of 10 years, notify the director in or to the effect of the prescribed form of all such particulars as are prescribed; (e) provide every child cared for in such premises with adequate food, clothing, medical treatment, lodging and care; (f) at all times keep every part of such premises in a fit and proper state for the care of children; (g) secure for every child being cared for in such premises adequate education and religious training of a type and form approved by the director; (h) do, observe and carry out all acts, requirements and directions prescribed by this Act or specified by any order of the director in relation to such premises or the care of any child therein; (i) upon the removal of a child from such premises, forthwith notify the director of such removal; (j) upon the death of a child being cared for in such premises, forthwith notify the director and the police officer in charge of the police station nearest to such premises of such death; (k) forthwith notify the director of every change in the abode of such

s 153 97 Children’s Services Act 1965 s 153 (c) take effect from the date of such publication unless a later date is specified in such order in council or regulation for its commencement when, in such event, it shall take effect from that later date; and (d) be laid before Parliament within 14 sitting days after such publication if Parliament is in session and, if not, then within 14 sitting days after the commencement of the next session of Parliament. (2) If Parliament passes a resolution of which notice has been given at any time within 14 sitting days after an order in council or regulation has been laid before it disallowing such order in council or regulation or any part thereof, that order in council or regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done or omitted to be done thereunder in the meantime or to the making of a further order in council or, as the case may be, regulation. (3) In this section— “sitting days” means days on which Parliament sits for the dispatch of business.

98 Children’s Services Act 1965 ¡ SCHEDULE REVIEWABLE DECISIONS AND AGGRIEVED PERSONS section 8, definitions “aggrieved person” and “reviewable decision” Reviewable decisions Revocation of approval in relation to licensed institution (s 39) Ordering a person to do or refrain from doing any act or thing pertaining to a matter or object specified in a protective supervision order (s 56(1)(b)) Decision to make use of facilities and services to further the best interests of a child in care (s 58) Imposition of conditions on the use of facilities and services (s 58(1A)) Placing a child in care in the charge of a foster parent (s 103(1)) Removal of a child in care from charge of foster parent (s 103(1A)(b)) Refusal to approve person to act as foster parent (s 104(1)) Revocation of approval of person to act as foster parent (s 104(4)) Placing of child in care (s 105(2)) Aggrieved person The institution’s governing authority The child, the child’s parents or guardian or another person having custody of the child The child or a parent or relative of the child The child or a parent or relative of the child The child or the child’s parents The child or the child’s parents or foster parents The applicant The former foster parent The child or the child’s parents or foster parents

99 Children’s Services Act 1965 SCHEDULE (continued) Refusal to give information to the parent of a child in care about the child’s whereabouts (s 131A(2)) Issue of an order that a parent or parents of a child in care should not have access to the child (s 132(2)(a)) Issue of an order about the access of a parent or parents of a child in care to the child subject to conditions (s 132(2)(b)) Refusal to give approval for a person other than a parent of a child in care to visit or communicate with a child (s 132(4)) Refusal to give approval for a child in care to leave the State (s 134(1)) Imposition of conditions on an approval for a child in care to leave the State (s 134(1)) Variation of conditions on child in care leaving the State (s 134(1A)) Refusal to declare a child from another State to be admitted to the director’s care and protection (s 134(4)) Removal of a child in care under a declaration under section 134(4) (s 134(8)) The parent The child or the child’s parents The child or the child’s parents The child, the child’s parents or the person refused approval The child, the child’s parents or another person having custody of the child The child, the child’s parents or another person having custody of the child The child, the child’s parents or another person who has custody of the child The child, the child’s parents or the applicant The child, the child’s parents or the person to whose charge the child will be returned

100 Children’s Services Act 1965 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 21 December 1998. Future amendments of the Children’s Services Act 1965 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om p para prec pres = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted page paragraph preceding present prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = = previous previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered

101 Children’s Services Act 1965 ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to Act No. 44 of 1992 3 April 1996 1A to Act No. 51 of 1996 4 March 1997 1B to Act No. 38 of 1997 1 August 1997 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Changed citations and remade laws Changed names and titles Corrected minor errors Renumbered provisions Obsolete and redundant provisions Reprint No. 1 1 1 1 1 ´ 6 List of legislation Children’s Services Act 1965 No. 42 date of assent 23 November 1965 commenced 1 August 1966 (proc pubd gaz 2 July 1966 p 1231) as amended by— Children’s Services Act Amendment Act 1970 No. 17 date of assent 16 April 1970 commenced on date of assent Children’s Services Act Amendment Act 1971 No. 72 date of assent 20 December 1971 commenced on date of assent Children’s Services Act Amendment Act 1973 No. 3 date of assent 11 April 1973 commenced on date of assent Age of Majority Act 1974 No. 57 s 8 sch date of assent 27 September 1974 commenced 1 March 1975 (proc pubd gaz 16 November 1974 p 1083)

102 Children’s Services Act 1965 Evidence Act 1977 No. 47 s 3(5) sch 1 pt E date of assent 3 October 1977 commenced 1 January 1978 (see s 1(2)) Maintenance Act and Another Act Amendment Act 1978 No. 26 pt 3 date of assent 2 June 1978 commenced 17 July 1978 (proc pubd gaz 24 June 1978 p 978) Status of Children Act 1978 No. 30 s 14 sch date of assent 8 June 1978 commenced 1 January 1979 (see s 1(2)) Children’s Services Act Amendment Act 1979 No. 75 date of assent 21 December 1979 commenced on date of assent Bail Act 1980 No. 35 s 4(1) sch 1 date of assent 14 May 1980 commenced 1 July 1980 (proc pubd gaz 28 June 1980 p 1634) Bail Act Amendment Act 1982 No. 56 s 13 date of assent 3 December 1982 commenced 18 April 1983 (proc pubd gaz 9 April 1983 p 1689) Family Services Act 1987 No. 32 s 69 sch (prev Family and Youth Services Act1987) (as amd 1988 No. 47 s 3 sch 1 (as from 12 May 1988); 1994 No. 87 s 3 sch 3 pt 1 (as from 1 December 1994)) date of assent 30 April 1987 amdts 1(a), 2, 3(b), 4, 9, 10 and 16 commenced 9 June 1987 (proc pubd gaz 30 May 1987 p 846) remaining amdts never proclaimed into force and rep 1994 No. 87 s 3 sch 3 pt 1 Acts Amendment and Construction Act 1988 No. 47 s 3 sch 1 date of assent 12 May 1988 commenced on date of assent Corrective Services (Consequential Amendments) Act 1988 No. 88 s 3 sch 1 (as amd 1989 No. 103 s 3 sch (as from 25 October 1989)) date of assent 1 December 1988 commenced 15 December 1988 (see s 2(2) and order pubd gaz 10 December 1988 p 1675) Criminal Code, Evidence Act and other Acts Amendment Act 1989 No. 17 pt 8 date of assent 30 March 1989 commenced 3 July 1989 (proc pubd gaz 24 June 1989 p 1821 (as amd proc pubd gaz 1 July 1989 p 2190)) Children’s Services Act and Another Act Amendment Act 1989 No. 116 date of assent 31 October 1989 ss 1–2 commenced on date of assent remaining provisions never proclaimed into force and rep 1992 No. 44 s 236

103 Children’s Services Act 1965 Health Services Act 1991 No. 24 s 7.3 sch 3 date of assent 5 June 1991 commenced 1 July 1991 (proc pubd gaz 22 June 1991 p 974) Child Care Act 1991 No. 79 ss 1–2, 86 sch 2 date of assent 9 December 1991 ss 1–2 commenced on date of assent remaining provisions commenced 5 June 1992 (1992 SL No. 119) Juvenile Justice Act 1992 No. 44 ss 1–2, 235 sch 3 date of assent 19 August 1992 ss 1–2 commenced on date of assent remaining provisions commenced 1 September 1993 (1993 SL No. 313) Children’sCommissionerandChildren’sServicesAppealsTribunalsAct1996 No. 51 ss 1–2, 84 sch 1 date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 20 December 1996 (1996 SL No. 392) MiscellaneousActs(Non-bankFinancialInstitutions)AmendmentAct1997 No. 17 ss 1–2, 74 sch date of assent 15 May 1997 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1997 (1997 SL No. 163) Courts Reform Amendment Act 1997 No. 38 ss 1–2 pt 3 date of assent 18 July 1997 ss 1–2 commenced on date of assent remaining provisions commenced 1 August 1997 (1997 SL No. 235) Health and Other Legislation Amendment Act 1998 No. 41 ss 1, 3(2), 14(1) sch 1 date of assent 27 November 1998 ss 1–2 commenced on date of assent remaining provisions commenced 21 December 1998 (1998 SL No. 346) ´ 7 List of annotations Title amd R1 (see RA s 7(1)(k)) Short title s 1 amd R1 (see RA s 37) Arrangement of Act s 2 amd 1987 No. 32 s 69 sch (amdts 1(b)–(e) never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) om 1992 No. 44 s 235 sch 3 Repeals s 3 om R1 (see RA s 40)

104 Children’s Services Act 1965 Persons subject to the Department to continue so to be s 4 amd 1970 No. 17 s 2 om 1987 No. 32 s 69 sch Reversion of guardianship in certain cases s 5 amd 1970 No. 17 s 3 om 1987 No. 32 s 69 sch Completion of proceedings taken prior to commencement of this Act s 6 amd 1970 No. 17 s 4 om 1987 No. 32 s 69 sch Continuation of appointments s 7 amd 1992 No. 44 s 235 sch 3 Meaning of terms s 8 amd R1 (see RA s 39) def “aggrieved person” ins 1996 No. 51 s 84 sch 1 def “Breach of duty” om 1992 No. 44 s 235 sch 3 def “chief executive (health)” ins 1998 No. 41 s 14(1) sch 1 def “day care centre” sub 1970 No. 17 s 5(a) om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1); 1991 No. 79 s 86 sch 2 def “department” sub 1987 No. 32 s 69 sch amd 1988 No. 47 s 3 sch 1 om 1992 No. 44 s 235 sch 3 def “Deputy Director” om 1987 No. 32 s 69 sch def “Director” sub 1987 No. 32 s 69 sch amd 1988 No. 47 s 3 sch 1 def “father” amd 1978 No. 30 s 14 sch def “infant” amd 1974 No. 57 s 8 sch def “Justice” om 1992 No. 44 s 235 sch 3 def “Kindergarten” om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1); 1991 No. 79 s 86 sch 2 def “Local Authority” om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1); 1991 No. 79 s 86 sch 2 def “Magistrates Court” om 1992 No. 44 s 235 sch 3 def “Minister” amd 1970 No. 17 s 5(b) om 1992 No. 44 s 235 sch 3 def “mother” amd 1978 No. 30 s 14 sch def “Police officer” om 1992 No. 44 s 235 sch 3 def “relative” amd 1978 No. 30 s 14 sch def “reviewable decision” ins 1996 No. 51 s 84 sch 1 def “Simple offence” om 1992 No. 44 s 235 sch 3 PART II—ADMINISTRATION pt hdg om 1987 No. 32 s 69 sch Administration of Act s 9 om 1987 No. 32 s 69 sch Department of Children’s Services s 10 om 1987 No. 32 s 69 sch

105 Children’s Services Act 1965 Director s 11 om 1987 No. 32 s 69 sch Deputy Director s 12 om 1987 No. 32 s 69 sch Tenure of office s 13 om 1987 No. 32 s 69 sch Visiting justices s 14 om 1987 No. 32 s 69 sch Honorary officers s 15 om 1987 No. 32 s 69 sch Power to delegate s 16 amd 1970 No. 17 s 6 om 1987 No. 32 s 69 sch Annual Report s 17 om 1987 No. 32 s 69 sch PART III—CHILDREN’S COURT pt hdg om 1992 No. 44 s 235 sch 3 Childrens Court s 18 om 1992 No. 44 s 235 sch 3 Appointment of Magistrates of Children’s Courts s 19 om 1992 No. 44 s 235 sch 3 Constitution of Childrens Courts s 20 sub 1970 No. 17 s 7 om 1992 No. 44 s 235 sch 3 Powers, authorities and jurisdiction s 21 om 1992 No. 44 s 235 sch 3 Rules of court, forms and fees s 22 om 1992 No. 44 s 235 sch 3 Child charged with simple offence or breach of duty s 23 om 1992 No. 44 s 235 sch 3 Child charged with indictable offence s 24 om 1992 No. 44 s 235 sch 3 Child who is mentally ill s 24A ins 1971 No. 72 s 2 om 1992 No. 44 s 235 sch 3 Times for hearing charges s 25 om 1992 No. 44 s 235 sch 3 Custody, remand and detention of children s 26 sub 1970 No. 17 s 8; 1973 No. 3 s 2

106 Children’s Services Act 1965 amd 1980 No. 35 s 4(1) sch; 1982 No. 56 s 13 om 1992 No. 44 s 235 sch 3 Hearing or examination concerning child not public s 27 amd 1970 No. 17 s 9; 1971 No. 72 s 3; 1989 No. 17 s 79 om 1992 No. 44 s 235 sch 3 Apparent age of child s 28 amd 1971 No. 72 s 4 om 1992 No. 44 s 235 sch 3 Jurisdiction of Childrens Courts in indictable offence s 29 amd 1970 No. 17 s 10; 1971 No. 72 s 5; 1988 No. 88 s 3 sch 1 om 1992 No. 44 s 235 sch 3 Committal of offenders to care of Director s 29A ins 1971 No. 72 s 6 om 1992 No. 44 s 235 sch 3 PART 4—INSTITUTIONS pt hdg om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Establishment of institutions s 30 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Licensing of institutions s 31 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Notification of changes affecting licensed institutions s 32 sub 1973 No. 3 s 3 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Control of licensed institutions s 33 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Supervision of standard of care by director s 34 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Records of licensed institution s 35 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Director to be notified of reception of certain children s 36 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Aid to licensed institutions s 37 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1)

107 Children’s Services Act 1965 Audit of licensed institution accounts s 38 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Revocation of approval s 39 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Duties of persons in charge of institutions s 40 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) PART 5—CHILDREN IN NEED OF ASSISTANCE pt hdg om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Assistance to families s 41 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Guardianship of children assisted s 42 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Assistance may be conditional on supervision s 43 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Director’s power in respect of assistance s 44 amd 1970 No. 17 s 11; 1971 No. 72 s 7 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Assistance to be given as prescribed s 45 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Children in need of care and protection s 46 amd 1970 No. 17 s 12; 1971 No. 72 s 8; 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Voluntary admission to care and protection s 47 amd 1987 No. 32 s 69 sch ((as amd 1988 No. 47 s 3(1) sch 1) never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Duration of care and protection s 48 amd 1987 No. 32 s 69 sch Admission to care and protection by court order s 49 amd 1970 No. 17 s 13 Appeals s 52A ins 1992 No. 44 s 235 sch 3 amd 1997 No. 38 s 9

108 Children’s Services Act 1965 Duration and effect of certain orders s 53 amd 1987 No. 32 s 69 sch Protective supervision order s 56 amd 1970 No. 17 s 14 Extension of care and supervision by direction of Minister s 57 om 1974 No. 57 s 8 sch Duty of director to child admitted to care and protection s 58 amd 1987 No. 32 s 69 sch ((as amd 1988 No. 47 s 3(1) sch 1) never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Committal to care and control s 61 amd 1970 No. 17 s 15 Orders on children guilty of offences s 62 amd 1970 No. 17 s 16; 1971 No. 72 s 9; 1989 No. 116 s 4 (never proclaimed into force and om 1992 No. 44 s 236) om 1992 No. 44 s 235 sch 3 Order on children convicted of serious offences s 63 amd 1988 No. 88 s 3 sch 1; 1989 No. 17 s 80 om 1992 No. 44 s 235 sch 3 Nature and requirements of community service order s 63A ins 1989 No. 116 s 5 (never proclaimed into force and om 1992 No. 44 s 236) Making community service order s 63B ins 1989 No. 116 s 5 (never proclaimed into force and om 1992 No. 44 s 236) Multiple of successive community service orders s 63C ins 1989 No. 116 s 5 (never proclaimed into force and om 1992 No. 44 s 236) Duration of community service order s 63D ins 1989 No. 116 s 5 (never proclaimed into force and om 1992 No. 44 s 236) Failure to comply with requirement s 63E ins 1989 No. 116 s 5 (never proclaimed into force and om 1992 No. 44 s 236) Extension of time for performance of community service s 63F ins 1989 No. 116 s 5 (never proclaimed into force and om 1992 No. 44 s 236) Discharge etc. of community service order s 63G ins 1989 No. 116 s 5 (never proclaimed into force and om 1992 No. 44 s 236) Extent of compliance with order relevant to further order s 63H ins 1989 No. 116 s 5 (never proclaimed into force and om 1992 No. 44 s 236)

109 Children’s Services Act 1965 Summons to secure appearance of person subject to community service order s 63I ins 1989 No. 116 s 5 (never proclaimed into force and om 1992 No. 44 s 236) Proof of facts in proceedings s 63J ins 1989 No. 116 s 5 (never proclaimed into force and om 1992 No. 44 s 236) Notice of discharge etc. of community service order s 63K ins 1989 No. 116 s 5 (never proclaimed into force and om 1992 No. 44 s 236) Compensation for personal injury s 63L ins 1989 No. 116 s 5 (never proclaimed into force and om 1992 No. 44 s 236) Guardianship of person committed to care and control s 64 amd 1992 No. 44 s 235 sch 3 Duty of director to child committed to care and control s 65 amd 1987 No. 32 s 69 sch ((as amd 1988 No. 47 s 3(1) sch 1) never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Discharge from care and control and from supervision s 66 amd 1973 No. 3 s 4 om 1992 No. 44 s 235 sch 3 Effect of supervision order s 67 amd 1970 No. 17 s 17 sub 1971 No. 72 s 10 amd 1992 No. 44 s 235 sch 3 Breach of supervision order s 68 amd 1970 No. 17 s 18; 1971 No. 72 s 11; 1992 No. 44 s 235 sch 3; R1 (see RA s 5(d)) Appeals s 68A ins 1992 No. 44 s 235 sch 3 amd 1997 No. 38 s 10 Offences in relation to the health of children s 69 amd 1970 No. 17 s 35 sch; 1971 No. 72 s 12; 1992 No. 44 s 235 sch 3 Tattooing of children prohibited s 69A ins 1970 No. 17 s 19 amd 1992 No. 44 s 235 sch 3 PART 8—PROTECTION OF CHILDREN Division 2—Registration to take charge of children div hdg om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Application of certain provisions of this division s 73 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1)

110 Children’s Services Act 1965 Registration of persons having charge of children s 74 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Registration of premises for the care of children under 10 years s 75 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Cancellation of registration s 76 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Offence to have charge of child in contravention of this part s 77 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) amd 1991 No. 24 s 7.3 sch 3 Director’s powers relating to children in unregistered premises s 78 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Duties of persons in charge of premises required to be registered s 79 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Responsibility of person in charge of premises required to be registered s 80 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Power to inspect and to issue orders relating to premises required to be registered s 81 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Restriction on placing child with a view to adoption s 82 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Restriction on the removal of newborn children from premises s 83 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Restriction on payment for child in the charge of another s 84 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Notification to district registrar of birth or death of child in certain cases prov hdg sub 1978 No. 30 s 14 sch s 85 amd 1978 No. 30 s 14 sch om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Control of day care centres s 86 sub 1970 No. 17 s 20; 1971 No. 72 s 13; 1979 No. 75 s 2

111 Children’s Services Act 1965 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1); 1991 No. 79 s 86 sch 2 Meaning of terms s 87 def “Court” amd 1971 No. 72 s 14 def “father” om 1978 No. 30 s 14 sch Power of father and mother of an infant to appoint guardians s 90 amd 1978 No. 30 s 14 sch Court may make orders as to custody and maintenance of infants s 93 amd 1970 No. 17 s 21; 1978 No. 30 s 14 sch Childrens Court may make interim orders for custody and maintenance s 93A ins 1971 No. 72 s 15 amd 1973 No. 3 s 5 When maintenance order may be enforced by a clerk of the Magistrates Court s 94 amd 1970 No. 17 s 22; 1973 No. 3 s 6 Childrens Court not competent in certain applications s 100 amd 1970 No. 17 s 23 Removal of proceeding into Supreme Court s 101 amd 1970 No. 17 s 24; 1997 No. 38 s 11 PART 10—FOSTER PARENTS pt hdg om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Placing of children in care s 103 amd 1979 No. 75 s 3 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Approval of foster parents s 104 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) amd 1998 No. 41 s 14(1) sch 1 Restriction on male foster parent s 105 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) No person to be foster parent unless approved s 106 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Duties of foster parents s 107 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Payment of maintenance to foster parents s 108 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1)

112 Children’s Services Act 1965 Home of foster parents need not be registered s 109 om 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Payment of wage of child in care s 111 amd 1997 No. 17 s 74 sch Director’s power to deal with and dispose of property of child in care s 112 amd 1974 No. 57 s 8 sch; 1997 No. 17 s 74 sch Authorisation of street trading by child s 113 sub 1971 No. 72 s 16 Employment of child in unauthorised street trading prohibited s 114 sub 1971 No. 72 s 16 Offence to employ children in certain occupations s 115 amd 1970 No. 17 s 25 Director may issue permits s 116 amd 1971 No. 72 s 17 Definition of “relative” and “child” s 119 amd 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1) Powers of court in proceeding concerning children of parents not married to each other prov hdg amd 1978 No. 30 s 14 sch s 122 amd 1978 No. 30 s 14 sch Undertaking to pay maintenance s 123 amd 1973 No. 3 s 7 Enforcement of liability to pay maintenance s 124 amd 1970 No. 17 s 26; 1978 No. 26 s 15 Variation of maintenance order s 125 amd 1970 No. 17 s 27 Procedure in proceedings to enforce maintenance orders s 128 sub 1970 No. 17 s 28 Complaint and averments s 129 amd 1970 No. 17 s 29; 1978 No. 30 s 14 sch Offence to disobey maintenance order or to desert children in care s 130 om 1978 No. 26 s 16 Information about whereabouts of a child in care s 131A ins 1996 No. 51 s 84 sch 1 Child in care not to leave State s 134 amd 1970 No. 17 s 30 Absconding children s 135 amd 1992 No. 44 s 235 sch 3

113 Children’s Services Act 1965 Order on parent or guardian to attend s 137 amd 1971 No. 72 s 18; 1992 No. 44 s 235 sch 3 Restrictions on reporting proceeding concerning child s 138 amd 1971 No. 72 s 19; 1973 No. 3 s 8 sub 1989 No. 17 s 81 amd 1992 No. 44 s 235 sch 3 Power to exclude child in certain circumstances s 138A ins 1989 No. 17 s 81 Reference to certain offences prohibited s 139 amd 1970 No. 17 s 31; 1977 No. 47 s 3(1) sch 1 pt E om 1992 No. 44 s 235 sch 3 Guardianship of director s 143 amd 1970 No. 17 s 32 Recoupment of expenses s 143A ins 1971 No. 72 s 20 Director to give notice of reviewable decision s 143B ins 1996 No. 51 s 84 sch 1 Appeal against reviewable decision s 143C ins 1996 No. 51 s 84 sch 1 Secrecy provisions s 144 amd 1970 No. 17 s 35 sch; 1979 No. 75 s 4; 1987 No. 32 s 69 sch; 1992 No. 44 s 235 sch 3; 1998 No. 41 s 14(1) sch 1 Examination under Act to be performed notwithstanding lack of consent prov hdg amd 1970 No. 17 s 33 s 145 amd 1970 No. 17 s 33 Evidence of child s 146 om 1977 No. 47 s 3(1) sch 1 pt E Offence to contravene Act s 148 amd 1970 No. 17 s 35 sch; 1992 No. 44 s 235 sch 3 Regulations s 152 amd 1970 No. 17 s 34; 1971 No. 72 s 21; 1987 No. 32 s 69 sch (never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt 1); 1989 No. 116 s 6 (never proclaimed into force and om 1992 No. 44 s 236); 1991 No. 79 s 86 sch 2; 1992 No. 44 s 235 sch 3 Amendments to “The Adoption of Children Act of 1964” s 154 om R1 (see RA s 40) SCHEDULE—REVIEWABLE DECISIONS AND AGGRIEVED PERSONS sch ins 1996 No. 51 s 84 sch 1 SCHEDULE I sch I om R1 (see RA s 40)

114 Children’s Services Act 1965 SCHEDULE II—Amendments to “ Adoption of Children Act of1964” sch II om R1 (see RA s 40) © State of Queensland 1998