Family and Community Services Act 1972 (SA)

South Australia

Family and Community Services Act 1972

An Act to promote the welfare of families and the community in this State; and for other purposes.

Contents

Part 1—Preliminary

1 Short title
6 Interpretation

Part 2—The promotion of family and community welfare

Division 1—Administration

8 Delegation

Division 2—Objectives and powers of the Minister and the Department

10 Objectives of the Minister and the Department

Division 4—Community aides

16          Appointment of community aides
17          Duties and functions
18          Allowances in respect of expenses
19          Training of community aides
20          Register

Part 3—The provision of family and community services

Division 1—Provision of local services

22 Provision of services from family and community services centres and other places

Division 2—Special welfare funds

23 Special welfare funds

Division 3—Contracts for services

24 The Minister may enter into agreements for services

Part 4—Support services for children

Division 2—Services and facilities for children

Subdivision 2—Establishment of certain facilities and programmes for children

36 Establishment of facilities and programmes for children

Part 6—Maintenance obligation

Division 1—Maintenance orders

Subdivision 1—Orders with respect to children

98          Liability of near relatives for maintenance of child
99          Issue of summons for maintenance
100         Order for payment of maintenance
101         Complaints in respect of maintenance of two or more children

Subdivision 2—Orders etc in affiliation cases

102         Court may adjudge defendant to be father of child in affiliation cases
103         Warrant may issue in lieu of summons
104         Order for payment of preliminary expenses
105         Where order made during pregnancy
106         Order may be made, without complaint, in proceedings against father
107         Power of court to make order for future maintenance of child upon complaint for preliminary expenses
108         Compellability of defendant as witness in affiliation cases
109         Liability of persons admitting sexual intercourse with mother of child
110         Power to lay complaint for support of child born outside marriage against one or more persons
111         Power of Chief Executive to accept settlement in full
112         Provision for blood tests

Subdivision 3—Orders for payment of medical and hospital expenses in connection with lawful termination of pregnancy

113 Orders re payment of medical expenses etc where pregnancy terminated

Subdivision 4—Orders for medical and other expenses

117 Order for payment of medical and like expenses

Division 3—Jurisdiction and powers of Magistrates Court

130         General jurisdiction of courts of summary jurisdiction in respect of orders under this Part
131         Orders directing payment of nominal sum only
133         Interim orders for payment of maintenance

Division 4—Provisions relating to the commencement and duration of orders and to evidentiary matters

Subdivision 1—Commencement and duration of orders

134         Orders for maintenance of children etc
135         Maintenance after child's eighteenth year
136         Orders for support of wife, husband or child may include provision for past maintenance
138         Recovery of arrears after cessation of order

Subdivision 2—Evidentiary provisions

140         Evidence of mother as to paternity of child born outside marriage etc not to be accepted without corroboration except in certain cases
141         Proof of marriage
142         Evidentiary provision

Division 5—Provisions relating to the discharge, suspension, variation and revival of orders

143         Application of Division
144         General power to discharge, suspend or vary order
145         Variation of order against near relative of child
146         Effect of suspension order
147         Plural births
148         Power of court to revive suspended order

Division 6—Procedural

149         Complaints
150         Complaints in affiliation cases
151         Orders may direct mode of payment
152         Non-appearance of defendant
153         Court may set aside order made in the absence of the defendant
154         Court may require defendant to state his or her employer etc

Division 7—Enforcement of orders and supplementary provisions

Subdivision 1—Attachment of property, caveats, warrants, disobedience of orders etc

155         Attachment of property of persons against whom order is sought
156         Order for delivery of attached property
157         Attachment may be pleaded
158         Liability of persons contravening order
159         Collection by police of money due to Chief Executive
160         Caveats
161         Warrant to enforce payments under orders
162         Registration of warrant and effect thereof
163         Sale under warrant
164         Assurances to purchaser
165         Issue of warrant without previous demand
166         Effect of payment under warrant
167         Application of money received under warrant
168         Bond or security for compliance with maintenance order
169         Power to commit for failure to pay maintenance
170         Warrant may be issued upon complaint enforcing maintenance order
172         Disobedience of order and quitting State
173         Desertion of child under certain circumstances an offence
174         Warrant for arrest of deserter

Subdivision 2—Attachment of earnings

175         Interpretation
176         Application for attachment of earnings order
177         Employer to make payments under order
178         Power to make attachment of earnings order instead of other order
179         Discharge, suspension or variation of order
180         Cessation of attachment of earnings order
181         Compliance with order
182         Where two or more orders are in force
183         Notice to defendants of payments made
184         Determination as to what payments are earnings
185         Service
186         Defence to prosecution under this Subdivision
187         Dismissing an employee etc by reason of the making of an attachment of earnings order
188         Application of Subdivision
189         Payments by Crown etc

Subdivision 3—General

190         Provision where defendant supported wife, husband or child during any period
191         Duties of Registrar of court in relation to orders
192         Penalty for molesting child contrary to interstate custody order
194         Compellability of defendant as witness at hearing of complaint for non‑compliance
195         Proof of payment or non-payment under maintenance order

Division 8—Reciprocal enforcement of orders

Subdivision 1—Interpretation and administration

196         Interpretation
197         Collector of Maintenance, Deputy Collector of Maintenance and Assistant Collectors of Maintenance
198         Powers of Collector

Subdivision 2—Interstate maintenance

200         Transmission of South Australian orders for enforcement in other States
201         Enforcement in this State of orders made in other Australian States
202         Collector to notify original State when defendant leaves this State
203         Application for provisional order of variation
204         Discharge, suspension or variation of order made in absence of defendant
205         Law to be applied
206         Order of variation to be provisional only
207         Procedure where provisional order remitted by court of other Australian State
208         Confirmation in this State of provisional orders made in other Australian States
209         Proceedings for enforcement

Subdivision 3—Overseas maintenance

210         Transmission of maintenance orders made in this State for enforcement in reciprocating countries
211         Power to make provisional order against person resident in reciprocating country
212         Cancellation of registration
213         Registration of overseas orders
214         Confirmation of provisional orders made overseas
215         Order enforceable in this State may be sent to another Australian State
216         Registration of overseas orders registered or confirmed in another Australian State
217         Transmission of documents where defendant not in this State
218         Cancellation of registration
219         Proceedings for enforcement
220         Defendant in this State may apply for order of variation
221         Discharge, suspension or variation of order made in absence of defendant
222         Law to be applied
223         Certain orders to be provisional only
224         Procedure where provisional order remitted by court in reciprocating country
225         Confirmation in this State of provisional orders of variation made in reciprocating countries
226         Power of Governor to declare reciprocating countries

Subdivision 4—General

227         Payments to be made to Collector
228         Collector to notify changes in orders enforceable in other Australian States or reciprocating countries
229         Collector to note changes in orders made or enforceable in South Australia
230         Conversion of currency
231         Translation of orders and records
232         Certificate of payment of arrears
233         Evidentiary
234         Service of documents
235         Audit

Part 7—Provisions of general application

236A       Hindering a person in execution of duty
236B        Impersonating an employee of the Department
237         Exclusion of persons from the hearing of certain cases
238         Restriction on publication of reports on affiliation proceedings etc
239         Institution and conduct of proceedings
240         Evidentiary provision
242         The Chief Executive may require report
243         Ascertainment of earnings
244         Appropriation of maintenance payments
245         Evidence of spouses
246         Officer of Department not to be compelled to give certain evidence etc
247         Application of Act to persons residing outside the State
248         Continuity of order
249         Orders need not be served
251         Regulations

Legislative history

Appendix—Divisional penalties and expiation fees

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title
This Act may be cited as the Family and Community Services Act 1972.
6—Interpretation

In this Act, unless the contrary intention appears—
affiliation case means proceedings for assistance, maintenance, or preliminary expenses in which it is necessary to establish the paternity of a child born outside marriage;
Chief Executive means the person for the time being holding, or acting in, the office of Chief Executive of the Department;
child means a person who has not attained the age of 18 years;
child born outside marriage includes a child born to a married woman of which a man other than her lawful spouse is the father;
complainant means a person by, or on whose behalf, or for whose benefit, a complaint is laid under this Act;
Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;
guardian, in relation to a child, means a parent of the child and any person (other than the Minister or the Chief Executive) who is the legal guardian of the child;
Magistrates Court means the Magistrates Court of South Australia;
maintenance includes the cost of clothing, support, training and education;
maintenance order means an order of a court (made before or after the commencement of this Act either in this State or elsewhere) whereby a person is ordered to pay money in a lump sum, or by instalment or periodic payment for or towards the maintenance of another person, or by way of recoupment of money expended in, or provided for, the maintenance of another person and includes any order for the payment of money under Part 6;
near relative in relation to a child means a parent or step-parent of the child;
parent includes a person who has—
(a)adopted a child in accordance with the law of this State, or the law of another State or Territory of the Commonwealth; or
(b)adopted a child in accordance with the law of any other country or State, if the adoption is recognised under the law of this State;
preliminary expenses in respect of the confinement of a woman, means the cost of the maintenance of the woman during the period of three months immediately preceding the confinement, the reasonable medical, surgical, hospital and nursing expenses attendant upon the confinement, and the cost of the maintenance of the woman and the child or children born to the woman for three months after the birth of the child or children;
relative in relation to a child, means a step-parent, brother, sister, uncle, aunt, grandfather or grandmother of the child;
step-parent in relation to a child means a person (not being a parent of the child)—
(a)who—
(i)is married to a parent of the child; or
(ii)was married to a deceased parent of the child at the date of death of the parent; and
(b)who at any time during that marriage accepted the child as a member of a household formed with the parent;
woman means any female person.
For the purposes of this Act, where a marriage exists between 2 persons, whether the marriage is monogamous or polygamous, the persons will, if the marriage is lawful and valid in the place in which it was solemnised, be regarded as spouses.
A person will not be recognised under this Act as the father of a child born outside marriage unless—
(a)he is so recognised under the Family Relationships Act 1975; or
(b)he is adjudged in proceedings under this Act to be the father of the child.
Any references in this Act to an order are to be read and construed, where the order has been varied under this Act or any other Act, by a subsequent order having effect in this State, as a reference to the order as so varied.
A reference in any other Act or statutory instrument to the Director‑General of Community Welfare will be taken to be a reference to the Chief Executive.

Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.

Part 2—The promotion of family and community welfare

Division 1—Administration

8—Delegation

The Minister may, from time to time, by instrument in writing, delegate to the Chief Executive such of the Minister's powers, duties, responsibilities and functions under this Act or any other Act as the Minister thinks fit, and may at any time revoke any such delegation.
The Chief Executive may delegate to an employee of the Department or, with the approval of the Minister, to any other suitable person, any of the powers, duties, responsibilities or functions vested in, or delegated to, the Chief Executive under this Act or any other Act.
A delegation under this section is revocable at will, and does not prevent the exercise or performance of any power, duty, responsibility or function by the Minister or Chief Executive.

Division 2—Objectives and powers of the Minister and the Department

10—Objectives of the Minister and the Department

The objectives of the Minister and the Department under this Act are—
(a)to promote the welfare of the community generally and of individuals, families and groups within the community; and
(b)to promote the dignity of the individual and the welfare of the family as the bases of the welfare of the community,
in the following manner:
(c)by providing, assisting in the provision of or promoting services designed to assist individuals or groups to overcome the personal or social problems with which they are confronted;
(d)by providing, assisting in the provision of or promoting services designed to reduce the incidence of disruption of family relationships, to mitigate the adverse effects of such disruption, to support and assist families under stress and to enhance the quality of family life;
(e)by providing, assisting in the provision of or promoting services designed to assist migrants, members of ethnic communities, aboriginals, children, youth, aged persons, unemployed persons, women, mentally or physically handicapped persons, single parents, persons who live in isolated areas or any other section of the community to overcome the disadvantages suffered by them, and to participate to the greatest possible extent in the life of the community;
(f)by providing individuals or families in need or distress with assistance by way of grants or loans of money or commodities, accommodation, financial counselling or any other form of assistance;
(g)by providing, assisting in the provision of or promoting services designed to assist people to enrich their lives, or to develop their personalities and capabilities;
(h)by encouraging or assisting in the provision of welfare services by volunteers and non-government groups or organisations;
(i)by encouraging or assisting any section of the community to develop its own welfare services;
(j)by providing, or assisting in the provision of, training or instruction for persons working, or proposing to work, in the field of welfare services;
(k)by keeping the public informed as to all the welfare services, whether government or non-government, that are available and how they may be obtained;
(l)by promoting a better understanding throughout the community of the problems or disadvantages faced by various sections of the community;
(m)by instituting, assisting in or promoting research in the field of welfare services;
(n)by collecting, or assisting in the collection of, data and statistics in relation to the problems and disadvantages faced by the various sections of the community, and to the provision of family and community services;
(o)by promoting the co-ordination of all family and community services, whether government or non-government, and the efficient use of resources for the provision of those services;
(p)by collaborating and consulting with other government departments of this State, with non-government organisations that provide, or support or promote the provision of, family and community services, and with those government departments of the Commonwealth and the other States and Territories of the Commonwealth that are involved in the provision of family and community services;
(q)by keeping the services provided by the Department and the policies of the Department under constant review and evaluation;
(r)by doing such other things as may be necessary or desirable for the purposes of achieving those objectives.
The Minister and the Department, in providing any service, must endeavour to preserve and foster the dignity, self-respect and independence of the persons to whom the service is being provided.
The Minister and the Department, in providing any service, must not discriminate against or in favour of any person on the ground of sex, marital status, mental or physical impairment, religion, race or nationality, except so far as it is necessary to do so for the purpose of assisting a person to overcome any social or other disadvantage arising out of his or her sex, marital status, mental or physical impairment, religion, race or nationality.
The Minister and the Department must, in administering this Act, take into consideration the different traditions, cultural values and religious beliefs of ethnic or racial groups within the community.
The Minister, for the purpose of giving effect to the provisions and objects of this Act, may—
(a)employ the resources of the Department in such manner as the Minister thinks fit; and
(b)establish any facility; and
(c)acquire land in accordance with the provisions of the Land Acquisition Act 1969; and
(d)perform any other action that may be necessary or expedient for that purpose.

Division 4—Community aides

16—Appointment of community aides

The Chief Executive Officer may appoint such persons as he or she thinks fit to act in a voluntary capacity as community aides.

Subject to subsection (3), a community aide will be appointed upon such terms and conditions as the Chief Executive Officer thinks fit and specifies in the instrument of appointment.
The term of office for which a person may be appointed as a community aide must not exceed one year in respect of his or her first term of office, and two years in respect of subsequent terms of office.
Upon the expiration of a term of office, a community aide is eligible for re‑appointment.
The Chief Executive Officer may, at any time, by instrument in writing addressed to a person appointed as a community aide under this section, remove the person from the office of community aide.

17—Duties and functions
A community aide has the following duties and functions:
(a)to act subject to the direction and supervision of an employee of the Department in the establishment and furtherance of programmes designed to promote any aspect of family or community welfare; and
(b)any other duties and functions that the Chief Executive Officer may determine to be appropriate to a community aide.

18—Allowances in respect of expenses
The Chief Executive Officer may, with the approval of the Minister, pay to a community aide such allowances to reimburse the community aide for expenses incurred or to be incurred in the course of his or her duties as the Chief Executive Officer thinks fit.
19—Training of community aides
The Chief Executive Officer will arrange for a community aide to receive such orientation, education, training, support and supervision as the Chief Executive Officer thinks fit.
20—Register

The Chief Executive Officer must cause a register of community aides to be kept.
The name of any person who has ceased to be a community aide by reason of expiration of a term of office, resignation or removal from office, or any other reason, must be removed from the register.

Part 3—The provision of family and community services

Division 1—Provision of local services

22—Provision of services from family and community services centres and other places

The Minister must endeavour, as far as is practicable, to make the services provided by the Department available to members of the public within the localities in which they live, and at, or near to places where people congregate, whether for the purposes of employment, recreation, education, medical treatment or any other purpose.
A family and community services centre established by the Minister may be used, with the Minister's approval, by any other department, person or agency for the furtherance of the welfare of the local community.

Division 2—Special welfare funds

23—Special welfare funds

The following funds will be maintained by the Minister:
(a)a fund for the Family and Community Development Programme; and
(b)a fund for the Early Intervention and Substitute Care Programme.
Each fund will consist of such money as is, from time to time, provided by Parliament for the purpose of the fund and the money appropriated to the fund by the Minister from any other source.
The Minister may apply any portion of the Family and Community Development Programme fund towards the costs incurred, or to be incurred, by any person or group of persons in establishing, operating, maintaining, supporting, promoting or extending any service, project or facility that will advance the welfare of children, youth or any other section of the community.
The Minister may apply any portion of the Early Intervention and Substitute Care Programme fund towards the costs incurred by any person or group of persons in establishing, operating, maintaining, supporting, promoting or extending—
(a)a residential care facility for children; or
(b)an out of home care service for children and young people (within the meaning of the Children and Young People (Safety) Act 2017); or
(c)a service, project or facility designed for the purposes of reducing the occurrence, or mitigating the adverse effects, of the placement of children in out of home care (within the meaning of the Children and Young People (Safety) Act 2017).
An application for the allocation of money under this section must be made to the Minister in a manner and form approved by the Minister.
The Minister may allocate money under this section on such conditions as the Minister thinks fit.

Division 3—Contracts for services

24—The Minister may enter into agreements for services

The Minister may enter into agreements for the provision or promotion of family or community welfare services or other related services.
Subject to subsection (3), the Minister may enter into such an agreement with—
(a)a person or group of persons with appropriate experience, qualifications or expertise in the provision or promotion of the relevant services; or
(b)an organisation, established for the purpose of providing or promoting family or community welfare services, or other related services, that employs staff with appropriate experience, qualifications or expertise in the provision or promotion of the relevant services; or
(c)a local government authority.
The Minister should avoid, so far as practicable, entering into agreements providing for long-term care of persons in need of such care unless satisfied that the other parties to the agreement do not enter into those agreements with the object of making a profit.

Part 4—Support services for children

Division 2—Services and facilities for children

Subdivision 2—Establishment of certain facilities and programmes for children
36—Establishment of facilities and programmes for children

The Minister will establish—
(b)such residential care facilities and other facilities and programmes as the Minister thinks necessary or desirable for children who are in need of care and protection; and
(c)such other facilities or programmes for the care, support, assistance or welfare of children as the Minister thinks fit.
A residential care facility or other facility established under this section will be under the control of the Minister, and the Chief Executive must ensure that proper standards of administration are observed in the management of every such facility.
All members of Parliament, judges and any other person authorised in writing by the Minister are entitled to visit a residential care facility or other facility established under this section.

Part 6—Maintenance obligation

Division 1—Maintenance orders

Subdivision 1—Orders with respect to children
98—Liability of near relatives for maintenance of child

The near relatives of any child (including a child under the guardianship of the Minister or the Chief Executive under the Children and Young People (Safety) Act 2017) are liable to pay for, or contribute towards, the cost of maintenance of the child according to their respective financial capacities.
The parents of a child are primarily liable under subsection (1) to pay for the maintenance of the child and any step-parent of the child is liable to pay for, or contribute towards, its maintenance only in the event of the death, disappearance (reasonable inquiries having been made) or financial incapacity of the parents or any combination of those circumstances applying in relation to the parents.

99—Issue of summons for maintenance

Upon complaint that any person is a near relative of a child, and is able to pay for or contribute towards the maintenance or past maintenance of the child, any justice may summon that person to appear before the Magistrates Court, at a time and place to be specified in the summons, to show cause why the person should not pay for or contribute towards, the past or future maintenance of the child.
A complaint under this section in respect of a child under the guardianship of the Minister or the Chief Executive under the Children and Young People (Safety) Act 2017 will be made by the Minister.
A justice may, instead of issuing a summons, issue a warrant for the apprehension of any person against whom a complaint has been made under this section, and for the person's detention until the hearing of the complaint, unless that person enters into a bond with or without guarantors, in such sum or sums as the justice directs, conditioned upon the person's appearance at the hearing of the complaint.

100—Order for payment of maintenance

At the time and place appointed for the hearing of the complaint the court may adjourn the hearing, and may summon any other persons alleged to be near relatives to appear at the time appointed for the adjourned hearing; and may, at the original or any adjourned hearing, if it is satisfied that the persons summoned, or any of them, are near relatives of the child, and are able to pay for, or contribute towards, the past or future maintenance of the child, order payment to be made by those near relatives, or one or more of them—
(a)of such sum (which the court may order to be paid by instalments) for past maintenance of the child as the court considers sufficient; and
(b)of such weekly or other periodical sum for the future maintenance of the child, and for such period, as the court considers sufficient.
If an order is made against two or more near relatives, the sums or proportions payable by each will be fixed by the court.
Notwithstanding any provision in any other Act to the contrary, an order for the payment of money for past maintenance under this section is not limited to payment of money for maintenance in respect of the period of six months prior to the making of the complaint, but may also relate to the payment of money for maintenance in respect of any prior period.

101—Complaints in respect of maintenance of two or more children

Where a person is a near relative of two or more children, a complaint under this Division may be made against that person in relation to the maintenance of all or any of the children; and the court may, upon that complaint, make orders in accordance with this Division for the payment of money for the maintenance of all or any of the children.
A separate order must be made in respect of each child for whose maintenance a payment is ordered.
A complaint under this Division may be made against any number of persons alleged to be liable for the maintenance of the same children.

Subdivision 2—Orders etc in affiliation cases
102—Court may adjudge defendant to be father of child in affiliation cases
Upon the hearing of an affiliation case, the court may, if satisfied upon the evidence that the defendant is the father of the child, adjudge him to be the father of the child.
103—Warrant may issue in lieu of summons
Upon complaint made in an affiliation case, a justice may, instead of issuing a summons issue a warrant for the apprehension of any person against whom a complaint has been made under this subdivision, and for his detention until the hearing of the complaint unless that person enters into a bond, with or without guarantors, in such sums as the justice directs, conditioned upon his appearance at the hearing of the complaint.
104—Order for payment of preliminary expenses

Where the Magistrates Court, upon complaint made by or on behalf of a woman, is satisfied—
(a)that she is pregnant by the defendant (not being her spouse) or has been delivered of a child or a stillborn child of whom the defendant (not being her spouse) is the father; and
(b)that he has not made adequate provision for the payment of the preliminary expenses in respect of the confinement,
the court may order the defendant to pay to the Chief Executive such amount as it thinks reasonable for or towards those preliminary expenses.
A complaint under this section may be made at any time during the pregnancy of the woman, or within two years after the birth of the child, but the court must not make an order under this section before the birth of the child unless it is satisfied by the evidence, or by the certificate, of a legally qualified medical practitioner that the woman is pregnant.
The court must not receive in evidence the certificate of a legally qualified medical practitioner unless the defendant consents to the admission of that certificate.
The adoption of a child does not prevent the court from making an order for preliminary expenses under this section nor does it affect the validity or operation of any order for preliminary expenses in respect of the child.

105—Where order made during pregnancy

Where an order is made for payment of, or contribution towards, preliminary expenses during the pregnancy of the woman, the order must—
(a)specify a date on which the order will cease to have effect if the woman has not then been delivered of a child; and
(b)direct that all money payable for preliminary expenses must be paid to the Chief Executive.
Where—
(a)the woman is not delivered of a child before the date specified in the order; or
(b)the woman is delivered of a stillborn child before the date so specified, and there is no other surviving child born to the woman during the same confinement,
the order ceases to have effect on the date specified in the order, or at the end of the third month after the delivery of the stillborn child, as the case may require.
Where an order ceases to have effect on a date specified in it pursuant to the provisions of subsection (1), any money paid under the order and not disbursed must be repaid to the defendant.
Where an order ceases to have effect at the end of the third month after the delivery of a stillborn child any money paid under the order and not disbursed must, as directed by the court—
(a)be paid to the woman; or
(b)be repaid to the defendant; or
(c)be divided between the woman and the defendant in such proportions as the court thinks fit.
Where an order is made for payment of, or contribution towards, preliminary expenses during the pregnancy of a woman, the court may, at any time while the order is in force, give such directions in writing as it thinks proper with respect to the disbursement of any amounts paid under the order, but not so as to direct the disbursement, before the woman is delivered of a child or a stillborn child, of amounts that exceed in aggregate one-half of the amount to be paid under the order.

106—Order may be made, without complaint, in proceedings against father
Notwithstanding any other provision of this Act, an order for preliminary expenses may be made by the Magistrates Court, without a separate complaint having been made, in any proceedings against the father for the maintenance of the child and the order may be made separately, or may be included in any other order against the father.
107—Power of court to make order for future maintenance of child upon complaint for preliminary expenses

Where an order for payment of, or contribution towards, preliminary expenses is made before the birth of the child to which it relates and it appears desirable to the court to provide the child with adequate means of support, the court may order the father to pay such amount as it thinks reasonable for or towards the maintenance of the child from the expiration of three months after its birth.
An order made under subsection (1) is not enforceable under this Act and has no force or effect unless a certified copy of the registration of the birth of the child is produced to the court.
An order made under subsection (1) does not take effect if the child to whom it relates is stillborn, or dies, or is adopted before the order would otherwise take effect.
An order under subsection (1) must not be made requiring a person to make payments for or towards the maintenance of a child unless—
(a)the person has consented to the making of the order; or
(b)the person has been given notice of the complainant's intention to apply for the order.
Where a certified copy of the registration of the birth of the child in relation to whom an order has been made under subsection (1) is produced to the court, a Registrar must send by post to the defendant at his usual or last-known place of residence or business notice in writing of the name of the child (if shown in the certified copy of the registration of the birth of the child) and of the date and place of birth of the child and the date on which and the place at which the first payment under the order is required to be made.

108—Compellability of defendant as witness in affiliation cases

On the hearing of any affiliation case, the defendant is compellable to give evidence, and may be summoned as a witness for that purpose.
The defendant is not excused from giving evidence relevant to the matter of the complaint on the ground that the evidence might prove or tend to prove him guilty of the matter alleged against him.

109—Liability of persons admitting sexual intercourse with mother of child

If on the hearing of any complaint in respect of any affiliation case it is proved to the satisfaction of the court that the defendant, or any other male person over the age, or apparently over the age, of 18 years had sexual intercourse with the mother of the child at any time so that, in the opinion of the court, the defendant or other male person may possibly be the father of the child, the court may, upon the hearing (and, in the case of a male person other than the defendant, without the necessity of any complaint against that person) make an order against the defendant or other male person for contribution towards the preliminary expenses in respect of the mother's confinement and also, if the court thinks fit, towards the maintenance of the child.
No order may be made under subsection (1) unless the male person has been given the opportunity of being heard by the court in respect of the making of the order.
An order or orders may be made under subsection (1) against any number of male persons as provided in that subsection.
An order made pursuant to this section may be enforced and all further proceedings in relation to the order may be taken as if it were an order made against a near relative of the child for the payment of money for the maintenance of the child.
In every case where a complaint is made to the court for the making of an order under this section and the complaint is dismissed by the court, a memorandum of dismissal must then be made by the court.
The court will not make an order under this section if it is satisfied that at the time of the conception of the child, the mother was a common prostitute.

110—Power to lay complaint for support of child born outside marriage against one or more persons

A complaint may be made under this Act by the Minister against one or more male persons over the age of 18 years at the time of the making of the complaint alleging that the male person or persons have had sexual intercourse with the mother of a child born outside marriage at a time or times such that the male person or any one of the male persons may possibly be the father of the child.
Upon complaint under this section, any justice may summon the male person or persons or any of them to appear before the Magistrates Court, at a time and place to be specified in the summons, to show cause why he or they should not contribute towards or pay for the past or future maintenance of the child and the preliminary expenses in respect of the confinement of the mother.
A justice may, instead of issuing a summons, issue a warrant for the apprehension of any person against whom a complaint has been made under this section and for his detention until the hearing of the complaint, unless that person enters into a bond with or without guarantors, in such sums as the justice directs, conditioned upon his appearance at the hearing of the complaint.
At the hearing of the complaint, if the court is satisfied that any one or more of the male persons had sexual intercourse with the mother of the child at a time such that he or any of them may possibly be the father of the child, the court may make an order against him or them for contribution towards the maintenance of the child and also, if the court thinks fit, towards the preliminary expenses in respect of the confinement of the mother.

An order made pursuant to this section may be enforced and all further proceedings in relation to the order may be taken as if it were an order made against a near relative of the child for the payment of money for the maintenance of the child.
In any proceedings under this section, an allegation in the complaint that any specified person was at the time of the making of the complaint over the age of 18 years will be taken to be proved in the absence of proof to the contrary.

111—Power of Chief Executive to accept settlement in full

Where a person is liable or, without a complaint being made against him under this Act, admits liability to pay for or contribute towards the preliminary expenses in respect of the confinement of the mother of a child born outside marriage or the maintenance of the child, the Chief Executive may, with the approval of the Minister, accept from that person a sum of money in full settlement of all such liability.
On payment of that sum no proceedings may be commenced or proceeded with by or on behalf of the mother or any other person in respect of the liability or expenses.
Where the Chief Executive accepts a sum of money in settlement of liability under this section, that sum will be retained by the Chief Executive and applied at his or her discretion for the maintenance of the child or for the preliminary expenses in respect of the confinement, or both.

112—Provision for blood tests

In this section—
blood test means a test for the purpose of ascertaining the inheritable characteristics of blood.
The Magistrates Court may, at the request of the complainant or the defendant in an affiliation case, direct that the child in respect of whom the complaint was made, the mother of the child (if the mother is alive) and the defendant submit to blood tests.
A direction must not be given unless the child is at least six months old.
In any such direction, the court must nominate a medical practitioner or an analyst to take such blood samples as may be necessary for the purpose of the blood tests, and to make the tests, and must also fix a period within which the child, the mother and the defendant, or the child and the defendant, as the case may be, are to attend upon the medical practitioner or analyst so nominated to enable the samples to be taken.
Any period so fixed may be extended by the court from time to time as the court thinks fit.
The medical practitioner or analyst so nominated must be a person whose name is on a panel of names prepared by the Minister and published in the Gazette.
Subject to subsection (10), the fees of the medical practitioner or the analyst nominated in the direction and the costs and expenses in connection with the blood tests will, in the first instance, be paid by the Minister.
Where a direction has been given by the court pursuant to this section—
(a)the proceedings in connection with the affiliation case must be stayed until the expiration of the period or extended period fixed under subsection (5) or (6); and
(b)if the mother and child referred to in the direction do not, or either of them does not, or, where the mother is dead, the child referred to in the direction does not within that period or extended period, attend upon the medical practitioner or analyst nominated in the direction and permit the necessary blood samples to be taken for the purposes of the blood tests, the complaint, if made by or on behalf of the mother, must be dismissed, but otherwise must be set down for hearing; and
(c)if the defendant does not within that period or extended period attend upon the medical practitioner or analyst so nominated and permit the necessary blood samples to be taken for the purposes of the blood tests, the complaint must be set down for hearing.

(9a)Where a direction has been given by the court pursuant to this section and the defendant refuses or without reasonable excuse fails to attend within the period or extended period fixed under subsection (5) or (6) upon the medical practitioner or analyst nominated in the direction and to permit the necessary blood samples to be taken for the purposes of the blood tests, the court may draw such inferences from that refusal or failure as it thinks fit.

If, at the hearing, the court is satisfied that the facts alleged against the defendant are proved, the defendant must reimburse the Minister to the extent of all money paid by the Minister under subsection (8) in connection with the blood tests referred to in the direction, including the amount of the fees so paid to the medical practitioner or the analyst, and that amount may be recovered by the Minister by complaint to the Magistrates Court as a debt due to the Minister by the defendant.
The medical practitioner or analyst nominated in the direction must, within such period as may be prescribed, carry out the blood tests and embody the results of the tests in a certificate in the prescribed form signed by the practitioner or analyst.
The medical practitioner or analyst must forward the certificate to the court and a Registrar of the court must, within seven days of the receipt of the certificate, furnish a copy of it to the complainant and to the defendant.
The certificate is admissible as evidence in any proceedings under this Part and is evidence of the facts and conclusions stated in it, but the court must on the application of the complainant or the defendant, or may on its own initiative, order the medical practitioner or the analyst to attend as a witness in the proceedings to be examined on such issues relating to the blood test and in such manner as the court thinks necessary and proper in the interests of justice.

Subdivision 3—Orders for payment of medical and hospital expenses in connection with lawful termination of pregnancy
113—Orders re payment of medical expenses etc where pregnancy terminated

Where the Magistrates Court is satisfied on complaint made by or on behalf of a female person—
(a)that the complainant has been pregnant but her pregnancy has been lawfully terminated otherwise than by the birth of a child; and
(b)that the defendant has had sexual intercourse with the complainant at such a time that the act of intercourse may have resulted in the pregnancy of the complainant,
the court may order the defendant to pay such amount as it considers reasonable for or towards the medical and hospital expenses incurred by the complainant in connection with the termination of the pregnancy.
The court must not make an order under this section if it is satisfied that at the time of the act of sexual intercourse, the complainant was a common prostitute.

Subdivision 4—Orders for medical and other expenses
117—Order for payment of medical and like expenses

Where the Magistrates Court, upon application made by or on behalf of any person for whose maintenance an order is for the time being in existence, is satisfied—
(a)that any medical, surgical, psychiatric, dental, hospital or nursing care or treatment by way of physiotherapy or chiropractic is or was reasonably required in respect of that person; and
(b)that the financial position of that person is and has been such as to preclude the person from making provision for or towards the cost of that care or treatment; and
(c)that the person against whom the order was made has not made adequate provision for or towards that cost and it is just and equitable in all the circumstances of the case that he or she pay, or contribute towards, that cost,
the court may order the person against whom the order was made to pay to the applicant or to the Chief Executive for or towards that cost such amount as it thinks reasonable.
For the purposes of subsection (1)—
medical care includes—
(a)the supply of medicines, skiagrams, artificial limbs, eyes or teeth, crutches, splints, spectacles and other medical and surgical aids and curative appliances or apparatus including necessary renewals or replacements of them; and
(b)transport by a vehicle to a hospital or other place for medical examination or medical treatment and where necessary, transport from the hospital or place on the return journey.
For the purposes of this section, but without limiting the generality of its application—
(a)a child under the age of three months in respect of whose birth an order for the payment of preliminary expenses has been made under this Act and is in existence; and
(b)a person in respect of whom an order for the payment of a merely nominal amount is in existence,
will be taken to be persons for whose maintenance an order is in existence.
Where an order is made under this section for the payment of money for or towards the cost of any care or treatment referred to in subsection (1), the court may, at any time, give such directions in writing as the court thinks proper for the disbursement of the amount ordered to be paid but so that no money is disbursed before the care or treatment to which the payment relates has been rendered.

Division 3—Jurisdiction and powers of Magistrates Court

130—General jurisdiction of courts of summary jurisdiction in respect of orders under this Part

Subject to this Act, but without limiting the jurisdiction of any court, the Magistrates Court has jurisdiction to hear and determine any complaint and to make and to discharge, suspend or vary any order of a kind provided for in this Part.
Subject to this Act, the court has jurisdiction to make an order under this Part by reason of facts and circumstances, whether or not those facts or circumstances, or some of them, took place before the commencement of this Act or outside this State—
(a)if the person against whom the order is sought is resident in this State; or
(b)if the person for whose benefit the order is sought is resident in this State.
Nothing in this Act limits or affects the operation of any provision of any other Act by which any person is or may be required to make contribution to, or payment on account of, the maintenance or support of any other person.

131—Orders directing payment of nominal sum only

Where, upon the hearing of a complaint under Division 1 upon which an order for maintenance may be made, the Magistrates Court is satisfied that it would make an order for the maintenance of the complainant but for the fact that the defendant is not presently able to contribute to the support of that person, the court may nevertheless make an order setting out its findings on the complaint and directing the payment by the defendant of a merely nominal amount in respect of that person.
Proceedings cannot be taken under this Act to enforce payment of the nominal amount directed to be paid by an order where the sum due under the order is less than ten dollars but, if that amount is varied under any provision of this Part, proceedings may be taken to enforce payment of any amount payable under the order as varied.

133—Interim orders for payment of maintenance

Where the hearing of a complaint under Division 1 is adjourned for a period of not less than seven days the court may order the defendant to pay for or towards the maintenance of the person to whom the complaint relates such amount as it thinks reasonable.
An order under this section is not subject to suspension, variation or appeal and remains in force until the expiration of a period of three months from the date on which the order is made or until the complaint again comes before the court (whichever first occurs).

Division 4—Provisions relating to the commencement and duration of orders and to evidentiary matters

Subdivision 1—Commencement and duration of orders
134—Orders for maintenance of children etc
Except as otherwise provided in this Division—
(a)an order cannot be made under this Part in respect of a child who has attained the age of 18 years; and
(b)except where arrears are due under the order and to the extent of those arrears, an order for the maintenance of a child ceases to have effect when the child attains the age of 18 years, marries, dies or is adopted or the person against whom the order was made dies, whichever first occurs.

135—Maintenance after child's eighteenth year

Upon complaint or application to the Magistrates Court made by or on behalf of a child (including a child who has attained the age of 18 years), if the court is satisfied that it is necessary to make an order under this section—
(a)for the purposes of enabling the child to undertake or complete a course of education or training that will fit the child for a profession, trade or occupation in which to earn a livelihood; or
(b)if the child is unable to earn a livelihood by reason of physical or mental incapacity—for the purposes of maintaining him or her,
the court may make an order against a near relative for maintenance in respect of the child that will be in force, or vary an existing order for maintenance in respect of the child so that it will be in force, for an amount specified in the order and for a period specified in the order that commences after or continues beyond the date at which the child attained or will attain the age of 18 years.
This section does not apply—
(a)in respect of a course of education or training commenced after a child attains the age of 21 years; or
(b)in respect of any physical or mental incapacity occurring after a child attains the age of 18 years.
The amount specified in an order under this section may include such allowance for or towards the expenses incurred or to be incurred in undertaking or completing a course of education or training as the court thinks proper.

136—Orders for support of wife, husband or child may include provision for past maintenance
Unless otherwise provided by this Act an order under this Part for the maintenance of a person may, whether or not an application for that purpose has been made, be made to take effect from a past date not being earlier than a date that the court thinks reasonable, and where an order takes effect from a past date the court may direct the past maintenance to be paid in one sum or by such instalments as the court directs.
138—Recovery of arrears after cessation of order

The fact that an order under this Act for the maintenance of a person ceases to have effect by virtue of this Act does not prevent the enforcement of the order or the recovery of any money due under the order, so far as it relates to any period, or to past maintenance of a person during any period, before it ceased to have effect.

(2)Subsection (1) does not apply where the order ceased to have effect by reason of the death of the defendant.
Subdivision 2—Evidentiary provisions
140—Evidence of mother as to paternity of child born outside marriage etc not to be accepted without corroboration except in certain cases
Upon the hearing of a complaint under this Part with respect to a child born outside marriage the evidence of a woman that the defendant (not being her spouse) is the father of her child or that she is pregnant by the defendant (not being her spouse) must not be accepted without corroboration in a material particular except in the following cases:
(a)where the defendant is present in court during the hearing of the complaint and does not give evidence on oath denying that he is the father of the child or that the woman is pregnant by him;
(b)where the defendant is not present in court during the hearing of the complaint and the court is satisfied that he was duly served personally with a summons to attend the court;
(c)where a direction has been given by the court pursuant to section 112 and the defendant refuses or without reasonable excuse fails to attend within the period or extended period fixed under that section upon the medical practitioner or analyst nominated in the direction and to permit the necessary blood samples to be taken for the purposes of the blood tests directed by the court,

and in any of those cases the court may, subject to this Act, in its discretion accept the uncorroborated evidence of the woman as sufficient evidence of the fact that the defendant is the father of the child or that she is pregnant by him.
141—Proof of marriage
Subject to section 142, upon the hearing of a complaint under this Part by one party to a marriage against the other party to the marriage, the person making the complaint must—
(a)produce direct evidence of the marriage with the person against whom the complaint is made; or
(b)give evidence on oath of the time, place and circumstances of the marriage.

142—Evidentiary provision
Upon the hearing of any complaint made by the Minister, an allegation in the complaint—
(a)that the person complained against is a near relative of a child and liable to maintain the child; or
(b)that the person complained against is able to contribute to the maintenance of the child; or
(c)that any sum has been expended upon, or is due or owing for, or in respect of, the maintenance of a child; or
(e)that a child is under the guardianship of the Minister pursuant to any Act; or
(f)that a child is under the guardianship of the Chief Executive under the Children and Young People (Safety) Act 2017 pursuant to an order under that or any other Act,

will be taken to be proved in the absence of proof to the contrary.

Division 5—Provisions relating to the discharge, suspension, variation and revival of orders

143—Application of Division
This Division applies and has effect subject to any other provision of this Act relating to the discharge, suspension or variation of any order made under this Part.
144—General power to discharge, suspend or vary order

Upon application made by the Minister or by or on behalf of a person in whose favour or against whom an order (including an order as varied) has been made or is taken to have been made (being an order of a kind provided for in this Part), the Magistrates Court may, subject to this Division, at any time make an order discharging the order, suspending the order in whole or in part until a specified day or until further order, or varying the order.
An order must not be discharged, suspended or varied under this Division unless the court is satisfied—
(a)that the order or, if the order has been varied, the original order or any order varying the original order was obtained by fraud or upon the basis of the existence of a marriage that did not in fact exist; or
(b)that the means of the person for whose benefit the order was made or the means and ability to pay of the person against whom the order was made have so altered as to justify the discharge, suspension or variation of the order; or
(c)that new facts or circumstances have arisen that have not previously been disclosed to a court in any proceedings in connection with the order and that by reason of those facts or circumstances it is reasonable to discharge, vary or suspend the order; or
(d)that facts or circumstances were in existence at the time of the making of the order or, if the order has been varied, the original order or any order varying the original order, that have not previously been disclosed to a court in any proceedings in connection with the order and that were not and could not by the exercise of reasonable diligence have previously been known to the party by whom or on whose behalf the discharge, suspension or variation of the order is presently sought and that by reason of those facts or circumstances it is reasonable to discharge, vary or suspend the order.
An order provided for under this Part that is in force may be discharged or varied from any past or future day or may be suspended from any past or future day or in respect of any past or future period.
An order that has ceased to have effect may be discharged or varied from any past day or may be suspended from any past day or in respect of any past period.

The fact that the defendant is in default in complying with an order does not preclude the discharge, suspension or variation of that order.

145—Variation of order against near relative of child

Any justice, on the complaint of a near relative liable upon an order for the maintenance of a child made under this Part, may summon all or any of the persons alleged in the complaint to be near relatives of the child to appear before the Magistrates Court at a time and place to be appointed in the summons, and must give notice of the summons to the Chief Executive.
At the time and place so appointed, or at any adjourned hearing of the complaint, the court may make further inquiry as to the relationship to the child of the complainant and the persons summoned and as to their respective financial capacity to maintain or contribute to the maintenance of the child, and may make such order as appears just—
(a)increasing, reducing, or varying the periodical sum to be paid by the complainant; or
(b)suspending for a specified time, or annulling, the previous order; or
(c)directing that the persons so summoned, or any one or more of them, must pay for or contribute towards the maintenance of the child,
or may make such other order not inconsistent with this Act as appears just.

(3)Subsection (2) does not authorise the Magistrates Court to annul an adjudication of paternity made in affiliation proceedings.
146—Effect of suspension order

Where an order provided for under this Part is suspended until a specified day, the order, unless earlier revived pursuant to this Division, will without any further or other order revive and again take effect upon the specified day.
Where an order is suspended until further order, it does not again take effect unless and until an order reviving it is made under this Division.
Subject to subsection (4), the fact that an order provided for under this Part is suspended does not prevent the enforcement of the order so far as it relates to any period before the day as from which the suspension took or takes effect.
Where an order provided for under this Part is suspended, the court may order that the whole or any part of any money owing under the order as at the day from which the suspension took or takes effect is not recoverable under this Act during the period of the suspension.

147—Plural births
Where an order under this Part for the maintenance of a child is made before the birth of the child and two or more children are born, an application may be made under this Part for variation of the order to provide for the maintenance of the additional child or children.
148—Power of court to revive suspended order

Where an order under this Part has been made and has been suspended under this Division until a specified day or until further order, the Magistrates Court may, upon application made by or on behalf of the Minister or any person for whose benefit the order was made, make an order reviving the suspended order in whole or in part, with or without variation, as the court thinks fit.
A suspended order may be revived from any past day or any future day (not being a day subsequent to the expiration of the period of the suspension) specified in the reviving order and will from that day have and (where necessary) be taken to have effect accordingly.
Where the court revives an order from a past day it may direct that payment in respect of any period before the date of the reviving order be made in one sum or by such instalments as the court specifies in the reviving order.

Division 6—Procedural

149—Complaints

Where a complaint is made under this Act and unless express provision is otherwise made by this Act, a justice—
(a)may issue a summons addressed to the defendant commanding the defendant to attend the court upon the hearing of the complaint; or
(b)if satisfied by oath that the whereabouts of the defendant is unknown to the complainant or that the defendant has moved or is about to move out of the State or to a distant part of the State, may issue a warrant for the apprehension of the defendant and for bringing the defendant before a court pursuant to this Act.
Two or more complaints made against a defendant by a complainant, whether on the complainant's own behalf, on behalf of other persons or both on the complainant's own behalf and on the behalf of other persons, may be joined in the one form of complaint.
Where two or more complaints are joined in the one form of complaint—
(a)one summons or warrant may be issued in respect of those complaints; and
(b)those complaints will, unless the court otherwise orders, be heard and determined by the court at the same time; and
(c)the court may make one order in respect of those complaints but the order will be taken to be a separate order in respect of each of the complaints in respect of which it was made.
Where complaints for maintenance of a child are made against a number of different persons, the complaints may, if the court thinks fit, be heard and determined by the court at the same time.

150—Complaints in affiliation cases
No complaint in an affiliation case may be made except—
(a)by or on behalf of the mother of the child in relation to whom the complaint is made; or
(b)by or on behalf of the child itself; or
(c)by the Minister.

151—Orders may direct mode of payment
Except as otherwise provided by this Act, an order made by a court under this Act for the payment of money may direct that—
(a)the money be paid to the Chief Executive or to some other person at a place specified in the order; or
(b)the money payable under the order be paid in a lump sum, or periodically or by instalments or partly in a lump sum and partly periodically or by instalments in accordance with the direction of the court.

152—Non-appearance of defendant

If a defendant to whom a summons has been issued does not appear in accordance with the summons or on any day to which the hearing of the summons is adjourned, the court, upon proof of the service of the summons, may issue a warrant for the apprehension of the defendant and for bringing the defendant before the court, or may proceed with the hearing of the complaint in the absence of the defendant.
Where a warrant has been issued for the apprehension of the defendant (whether in the first instance or upon the defendant failing to appear in accordance with a summons) and the court is satisfied that after strict inquiry and search the defendant cannot be found, the court may proceed to hear the complaint in the absence of the defendant.
The inquiry and search made for the defendant for the purposes of this section may be proved by evidence given orally or by the affidavit of the person or persons who made the inquiry and search.

153—Court may set aside order made in the absence of the defendant

Where the court proceeds pursuant to the provisions of this Division to make an order against the defendant in the defendant's absence, the defendant may, within 28 days after the order comes to the defendant's knowledge, make application to the court to set aside the order and to re-hear the matter of the complaint in respect of which the order was made.
Notice in writing of intention to make any such application must be lodged with the court and a copy of it must be served on the complainant either personally or by registered post a reasonable time in the circumstances before the day specified in the notice for the making of the application.
Upon proof of service of the notice the court may, if it thinks it just in the circumstances of the case so to do, set aside the order made in the absence of the defendant on such terms as to costs as it thinks fit and may proceed to hear and determine the matter of the complaint or, in the absence of the complainant, may adjourn the matter of the application to some other time or place and may direct such notice as the court thinks fit of the adjourned hearing to be given to the complainant.

154—Court may require defendant to state his or her employer etc

In any proceedings in which maintenance is sought, or in which the enforcement of an order for maintenance is sought, the court may—
(a)direct the defendant to attend before the court at a time fixed by the court to be examined concerning his or her means and ability to comply with the order; or
(b)direct the defendant to state to the court or to furnish to the court within any time fixed by the court a statement signed by the defendant setting out—
(i)the name and address of the defendant's employer or, if the defendant has more than one employer, of each of them; and
(ii)particulars as to the defendant's earnings; and
(iii)such other particulars as the court thinks necessary for the enforcement of the order; or
(c)direct any person who appears to the court to be indebted to the defendant or to be the employer of the defendant to give to the court, within any time fixed by the court, a statement signed by or on behalf of the person containing such particulars as are specified in the direction of the person's indebtedness to the defendant or of all the earnings of the defendant that became payable by that person during a specified period.
If the defendant fails to comply with the direction, the court may upon proof that the direction was duly served upon the defendant, issue a warrant for the apprehension of the defendant.

(2a)A direction under this section may be served upon a person—
(a)by delivering a copy of it to that person; or
(b)by leaving a copy of it at the usual or last known place of residence or business of that person with some person, apparently over the age of 16 years, who apparently resides in that place of residence or is employed at that place of business; or
(c)by sending a copy of it, by post, to that person's usual or last known place of residence or business.

A document purporting to be a statement referred to in subsection (1) is admissible in evidence in any proceedings under this Act relating to maintenance.
A person who—
(a)without reasonable cause or excuse refuses or fails to comply with a direction duly served on him or her under this section; or
(b)in any statement made or notice furnished to a court pursuant to the provisions of this section, makes a statement that he or she knows to be false or misleading in a material particular or does not believe on reasonable grounds to be true,
is guilty of an offence.
Penalty: Division 7 fine.

Division 7—Enforcement of orders and supplementary provisions

Subdivision 1—Attachment of property, caveats, warrants, disobedience of orders etc
155—Attachment of property of persons against whom order is sought

Where proceedings have been commenced by complaint under this Act in which—
(a)an order for maintenance; or
(b)an order for the enforcement of an order for maintenance,
is, or will be sought, notice may be given—
(d)to any ADI or other person having, or supposed to have, the care, custody, or control of any money or property, belonging or payable to, or standing to the credit of, any person complained against; or
(e)to any person against whom the person complained against has any civil or statutory right to the payment of money,
not to pay or part with the possession of that money or property until the complaint has been heard and determined, and the money or property is, upon the giving of the notice, attached in the hands of the person who has the care, custody and control of it, who is compellable to give evidence on the hearing of the complaint as to all matters relating to or concerning the money or property.
Money deposited by or on behalf of the person complained against in an account with an ADI or other person will, for the purposes of this section, be taken to be standing to the credit of the person complained against, notwithstanding that any condition relating to the account or payment under the account is unsatisfied.

156—Order for delivery of attached property

The court, on hearing a complaint in respect of which notice has been given to an ADI or other person under this Subdivision may, by order, direct that the money or property attached, or such portion of it as the court orders, be paid or handed over to the Chief Executive, or to the person entitled to receive the money under a maintenance order.
The person having the care, custody, or control of the money or property attached must pay or hand it over accordingly, and on doing so, is discharged from all liability to its owner, or any person claiming under the owner in respect of the money or property so paid or handed over, and, except as to such portion of the money or property attached as the court may, within one month from the service of the notice of attachment, order to be so paid or handed over, the attachment is determined.

157—Attachment may be pleaded

Any person who has received any notice attaching money or property in the person's care, custody, or control may, before the hearing of the complaint, after giving notice in writing of the application to the person by whom notice was given, apply to the Magistrates Court for an order setting aside the notice with respect to the whole or any part of the property or money subject to the notice.
Any such person may plead the notice in bar to any action or other proceeding that may be instituted against the person for the recovery of any such money or property by the owner or any person claiming under the owner.

158—Liability of persons contravening order
Any person who, after receipt of a notice attaching money or property in his or her care, custody or control—
(a)pays or hands over any such money or property otherwise than in accordance with the order made by the court; or
(b)neglects or refuses to comply with the order made,

is personally liable to pay to the Chief Executive or the payee mentioned in the maintenance order the amount of money or an amount equal to the value of the property ordered to be paid or handed over, and such an amount may be recovered before a court in a summary way.
159—Collection by police of money due to Chief Executive

Subject to the provisions of a maintenance order, any member of the police force must, when so directed in writing signed by the Chief Executive and countersigned by the Commissioner of Police, demand, collect, and receive from any person all sums of money due to the Chief Executive for which that person is liable under any maintenance order.
The receipt in writing of any such member of the police force is a sufficient discharge for the person from whom the money was received of his or her liability to pay that money to the Chief Executive.

160—Caveats

If any person against whom a maintenance order has been made is the registered proprietor of any land, estate, or interest in land subject to the Real Property Act 1886 the Chief Executive may lodge with the Registrar-General a caveat signed by the Chief Executive against any dealings with that land, estate or interest.
Particulars of the order must be set out in the caveat and the Registrar-General must register the caveat, and it is not lawful for the Registrar-General without the consent of the Chief Executive to remove or discharge the caveat—
(a)unless and until satisfied that all money due under the order has been fully paid and satisfied; or
(b)unless ordered by the Supreme Court, or a Judge of that court, to remove the caveat.

161—Warrant to enforce payments under orders

If any money payable under a maintenance order is in arrear for one month, the Magistrates Court may, upon the application of the Chief Executive or any person to whom money is payable under the maintenance order, issue a warrant authorizing the Chief Executive or that person to receive the whole or any part of the rents, profits, and income of the real and personal estate of the person against whom the order was made, or to take or sell the estate and interest of that person in the real or personal estate, or in such part of that estate as the court may direct.
A person upon whom a warrant under this section is served must pay any money to which the warrant relates to the Chief Executive or some other person named in the warrant and, on doing so, is discharged from all liability to pay that money to the person against whom the maintenance order was made.

162—Registration of warrant and effect thereof
A warrant issued under section 161 may be registered in the same manner as a writ of fieri facias, and, from the time of registration, binds the estate or interest of the person liable under the order for maintenance in his or her real estate and chattel real property.
163—Sale under warrant
A sale under a warrant issued under section 161 may be by public auction or private contract for cash or on credit, or partly for cash and partly on credit, and subject to any conditions that the Chief Executive thinks expedient.
164—Assurances to purchaser

The Chief Executive or person authorized by the warrant to sell, may execute to the purchaser all such conveyances, assignments, memoranda of transfer, or other assurances of the property sold as the person against whom the order was made might have executed but for this Act, and the property so conveyed or assured vests in the purchaser accordingly.
The Registrar-General must register every such memorandum of transfer, and cause such entries to be made and acts to be done, as may be necessary for giving effect to the sale.

165—Issue of warrant without previous demand

No notice or demand is necessary before a warrant is issued in respect of the real or personal estate of a person against whom a maintenance order has been made, or before any powers conferred by the warrant are exercised, but the Magistrates Court may before issuing any such warrant, require such notice (whether by post, advertisement, or otherwise) to be given to the person against whom the maintenance order is made as the court considers just.
Upon any application for the issue of a warrant, the person against whom the maintenance order was made is entitled to appear and be heard.
The warrant is conclusive evidence that the power to sell is vested in the Chief Executive or in the person named in the warrant.

166—Effect of payment under warrant
The payment to the Chief Executive or to the person named in any such warrant, is a good discharge to any tenant, purchaser, or other person for all money paid by him or her pursuant to the warrant.
167—Application of money received under warrant
The rents, profits, and income, and the proceeds of any sale, received under any such warrant and the estate or interest in any real or personal estate taken under any such warrant must be applied firstly in payment of the costs of collection or sale; secondly, in payment of the costs of obtaining the warrant; thirdly, in paying any money due under the original order; and the balance must be applied in or towards future maintenance, or in such other manner as the Magistrates Court may direct.
168—Bond or security for compliance with maintenance order

The court may—
(a)upon making a maintenance order, if it thinks fit, by the same or a separate order; or
(b)upon complaint made by or on behalf of any person for whose benefit a maintenance order has been made, if it is satisfied that arrears of maintenance under the order are payable by the defendant or that the defendant intends to evade compliance with the order, by a subsequent order,
require the defendant to enter into a bond with or without guarantors, in such sum as it thinks fit, or to give such security as it thinks fit, conditioned upon the defendant complying with the maintenance order and, where arrears of maintenance are payable, making such payments in respect of the arrears as are specified by the court.

234—Service of documents

Except where the contrary intention appears in this Division, any document required or permitted by this Division to be served on a person must be served on that person personally.
A document required by section 201(4), 213(5), 216(4) or 229(1) to be served on a person may be served on that person—
(a)personally; or
(b)by sending a copy of it, by post, to that person's usual or last known place of residence or business.
A document that is required or permitted to be served on a person personally under this Division may be served on that person—
(a)by delivering a copy of it to that person; or
(b)by leaving a copy of it at the usual or last known place of residence or business of that person with some person, apparently over the age of 16 years, who apparently resides in that place of residence or is employed at that place of business.

235—Audit
The accounts of the Collector must, at least once in every year, be audited by the Auditor-General.

Part 7—Provisions of general application

236A—Hindering a person in execution of duty
A person who hinders the Chief Executive or any other person in the execution, performance or discharge of a power, function or duty under this Act is guilty of an offence.
Penalty: Division 7 fine or division 7 imprisonment.
236B—Impersonating an employee of the Department
A person who falsely represents himself or herself by word or conduct to be an employee of the Department and to be authorised by or pursuant to this Act or any other Act to exercise certain powers is guilty of an offence.
Penalty: Division 7 fine or division 7 imprisonment.
237—Exclusion of persons from the hearing of certain cases

Where in any proceedings there are circumstances that make it desirable, in the interests of the proper administration of justice, that the proceedings, or any part of the proceedings, should not be heard in open court, the court may order that any persons (not being party to the proceedings, their counsel or solicitors, or employees of the Department) be excluded during the hearing of those proceedings, or that part of the proceedings.
At the hearing of a complaint in an affiliation case only the following persons are permitted to be present in the court:
(a)the adjudicating judge, magistrate or justice and the officers of the court;
(b)the complainant and the defendant and their respective counsel and solicitors, and the clerks of the counsel or solicitors;
(c)the mother, sister, or friend of the complainant, if the complainant desires the presence of any such person;
(d)any person while being examined as a witness;
(e)the mother, sister, or female friend of any female witness if she desires the presence of any such person while she is being examined as a witness;
(f)employees of the Department,
unless the court thinks fit to permit any other person to be present.

238—Restriction on publication of reports on affiliation proceedings etc

A person who prints or publishes or causes or procures to be printed or published any particulars whatsoever in relation to any complaint or proceedings under this Act arising from the birth of a child outside marriage or concerning an affiliation case, or in relation to any proceedings incidental to such a complaint or proceedings, is guilty of an offence.
Penalty: Division 5 fine.
A person who sells, or distributes or causes or procures to be sold or distributed or who has in his or her possession for sale or distribution any newspaper or document containing or purporting to contain any matter or details or particulars the printing or publication of which would be a contravention of this section is guilty of an offence.
Penalty: Division 5 fine.
This section does not apply to—
(a)the printing, sale, distribution or possession of any pleading, transcript of evidence or other document for the purposes of the proceedings; or
(b)the printing or publishing of any notice or report in pursuance of the directions of the adjudicating court; or
(c)any matter that forms part of a genuine series of reports of proceedings in courts of law which reports do not form part of any other publication; or
(d)any publication of a technical character primarily intended for circulation amongst members of the legal or medical professions or amongst persons engaged in community welfare work.
No prosecution for an offence against this section may be commenced by any person without the authority in writing of the Minister.

239—Institution and conduct of proceedings

Where a person is entitled to bring proceedings under this Act, the Minister may, upon the request of that person, institute and conduct those proceedings in the name, and on behalf, of that person.

(1a)Where proceedings are brought for the discharge, variation or suspension of a maintenance order, the Minister may, upon the request of the person against whom the proceedings are brought, defend those proceedings.

Any proceedings that may be taken under this Act may be taken by an employee of the Department.
The Crown Solicitor may represent any party in proceedings under this Act.

240—Evidentiary provision

An apparently genuine document purporting to be an order, authorization or document under the hand or seal of the Minister, or under the hand of the Chief Executive, will, in any legal proceedings, be taken, in the absence of evidence to the contrary, to be an order, authorization or document duly made or executed by the Minister or the Chief Executive, as the case may require.
In any proceedings under this Act taken by an employee of the Department, an allegation that any premises or place referred to in the complaint were or was a children's residential facility established or licensed under this Act will, in the absence of evidence to the contrary, be taken to be proved.

242—The Chief Executive may require report

The Chief Executive may require any person whom he or she believes to be in a position to do so, to furnish the Chief Executive with a report as to the financial circumstances or transactions of—
(a)any person who has applied for financial assistance under this Act, or on whose behalf such an application has been made; or
(b)any person who is in receipt of any such assistance; or
(d)any person from whom maintenance is sought under this Act; or
(e)any person who is, pursuant to any provision of this Act or the order of any court, required to pay any money to the Chief Executive.
A person who fails to comply with a requirement under subsection (1) or who furnishes a report that is false or misleading in any material particular is guilty of an offence.
Penalty: Division 9 fine.

243—Ascertainment of earnings

Where in any proceedings under this Act, it is material to ascertain the earnings of a person, the court may receive as evidence of those earnings a statement in writing signed by—
(a)the employer of that person; or
(b)a person employed by that employer as manager, secretary, accountant, or in such other capacity as, in the opinion of the court, qualifies the person to testify of his or her own knowledge to the earnings of the person whose earnings are in question; or
(c)a member of the police force of this State, any other State or Territory of the Commonwealth, or of the Commonwealth, who has ascertained, or claims in the statement to have ascertained, from a person referred to in paragraph (a) or (b), any information as to the earnings of that person.
Where in any proceedings under this Act, it is material to ascertain the financial position of any person, the court may receive as evidence of the person's financial position a statement in writing signed by him or her.
A document purporting to be a statement in writing under subsection (1) or (2) will, in any proceedings under this Act, in the absence of evidence to the contrary, be accepted without further proof as a statement under this section.

244—Appropriation of maintenance payments
Any money paid in pursuance of an order for maintenance, (whether made in pursuance of this Act, or any other Act or law) will, subject to any order of a court, or any direction of the defendant, as to the appropriation of the money, be taken to have been paid towards the discharge—
(a)first, of any liability (apart from a liability to pay costs) arising under the order, a liability falling due at an earlier date being discharged before the money is applied towards the discharge of a liability falling due at a later date;
(b)secondly, towards the discharge of any liability to pay costs in the proceedings in which the order was made.

245—Evidence of spouses
The spouse of any person is competent and compellable to give evidence for or against that person in any proceedings under this Act.
246—Officer of Department not to be compelled to give certain evidence etc
No employee of the Department, or other person holding any office or position under this Act, may, in any proceedings before a court, be compelled to give evidence, or produce any document relating to any matter in connection with which any employee of the Department or other person has in the course of his or her duties given advice to, or been consulted by, any person, except—
(a)where the evidence or document relates specifically to the payment or non-payment of maintenance or financial assistance; or
(b)where the evidence relates to, or the document constitutes, correspondence between an employee of the Department and a party to the proceedings who is not represented by an employee of the Department.

247—Application of Act to persons residing outside the State

Subject to the Service and Execution of Process Act 1901 of the Commonwealth, the obligations created by this Act may be enforced against defendants who reside outside the boundaries of this State.
A summons or other process issued under this Act may be served either in this State or in any other State or Territory of the Commonwealth.

248—Continuity of order
Subject to this Act, an order made pursuant to this Act is not revoked by a subsequent order unless the subsequent order expressly or by necessary implication revokes or varies the former order.
249—Orders need not be served
Except as otherwise expressly provided by this Act, an order is valid notwithstanding that no copy or notice of the order has been served on the defendant.
251—Regulations
The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act and, without limiting the generality of the foregoing, regulations may be made with respect to the following matters—
(a)the duties, powers, authorities and privileges, of persons employed in the administration of this Act;
(b)the composition, and the meetings and proceedings of any advisory committee;
(c)the management, control and supervision of children's residential facilities or other facilities established by the Minister;
(i)the provision of allowances for children under the guardianship or in the custody of the Minister or the Chief Executive, or the Chief Executive under the Children and Young People (Safety) Act 2017, pursuant to an order under that or any other Act;
(j)the management and control of property vested in, or in the control of the Minister;
(m)the manner in which a person may apply for assistance under this Act;
(n)the regulation of any matters relating to blood tests made for the purposes of affiliation cases;
(o)the regulation of any matters or procedures relating to maintenance or the recovery of money in connection with maintenance;
(r)prescribing fines, not exceeding a division 8 fine, for breach of, or non-compliance with, any regulation.

Legislative history

Notes

•Amendments of this version that are uncommenced are not incorporated into the text.
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or Welfare Act 1972
Legislation repealed by principal Act
The Family and Community Services Act 1972 repealed the following:
Aboriginal Affairs Act 1962
Aboriginal Affairs Act Amendment Act 1967
Aboriginal Affairs Act Amendment Act 1968
Children's Protection Act 1936
Children's Protection Act Amendment Act 1961
Children's Protection Act Amendment Act 1969
Maintenance Act 1926
Maintenance Act Amendment Act 1930
Maintenance Act 1937
Maintenance Act Amendment Act 1937
Maintenance Act Amendment Act 1941
Maintenance Act Amendment Act 1946
Maintenance Act Amendment Act 1948
Maintenance Act Amendment Act 1950
Maintenance Act Amendment Act 1952
Maintenance Act Amendment Act 1957
Maintenance Act Amendment Act 1958
Maintenance Act Amendment Act 1963
Maintenance Act Amendment Act 1965
Principal Act and amendments
New entries appear in bold.

Year No Title Assent Commencement

1972 51 Community Welfare Act 1972 27.4.1972 1.7.1972 (Gazette 29.6.1972 p2689) except Pt 4 Div 2 Subdiv 6—deleted by 67/1981 and except s 112—15.1.1987 (Gazette 15.1.1987 p55)

1973 68 Community Welfare Act Amendment Act 1973 6.12.1973 20.12.1973 (Gazette 20.12.1973 p3337)

1975 43 Community Welfare Act Amendment Act 1975 10.4.1975 12.6.1975 (Gazette 12.6.1975 p2260)

1975 88 Statute Law Revision Act (No. 3) 1975 20.11.1975 20.11.1975

1975 104 Community Welfare Act Amendment Act (No. 2) 1975 20.11.1975 29.1.1976 (Gazette 29.1.1976 p356)

1976 111 Community Welfare Act Amendment Act 1976 16.12.1976 7.4.1977 (Gazette 7.4.1977 p1070)

1979 43 Community Welfare Act Amendment Act 1979 15.3.1979 5.7.1979 (Gazette 5.7.1979 p4)

1981 67 Community Welfare Act Amendment Act 1981 15.10.1981 2.5.1983 (Gazette 28.4.1983 p944) except s 21—2.7.1984 (Gazette 7.6.1984 p1526) and except the part of s 34 inserting s 250B—uncommenced

1984 79 Tobacco Sales to Children (Prohibition) Act 1984 15.11.1984 15.11.1984

1984 102 Family Relationships Act Amendment Act 1984 20.12.1984 14.2.1985 (Gazette 14.2.1985 p366)

1985 21 Children's Services Act 1985 28.3.1985 Sch 2—5.9.1985 (Gazette 5.9.1985 p700), 12.9.1985 (Gazette 12.9.1985 p796) and 1.10.1985 (Gazette 26.9.1985 p944)

1986 14 Statute Law Revision Act 1986 20.3.1986 Sch 4—1.1.1990 (Gazette 14.12.1989 p1768)

1988 30 Community Welfare Act Amendment Act 1988 21.4.1988 1.9.1988 (Gazette 25.8.1988 p794)

1993 95 Community Welfare (Children) Amendment Act 1993 4.11.1993 1.1.1994 (Gazette 4.11.1993 p2166)

1996 68 Statutes Amendment (Sentencing of Young Offenders) Act 1996 15.8.1996 8.10.1996 (Gazette 29.8.1996 p810)

1999 33 Financial Sector Reform (South Australia) Act 1999 17.6.1999 Sch (item 23)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)

2005 56 Justices of the Peace Act 2005 17.11.2005 Sch 2 (cll 22—25)—1.7.2006 (Gazette 22.6.2006 p2012)

2005 76 Children's Protection (Miscellaneous) Amendment Act 2005 8.12.2005 Sch 1 (cl 1)—1.2.2006 (Gazette 19.1.2006 p237)

2006 17 Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 34 (ss 126 & 127)—4.9.2006 (Gazette 17.8.2006 p2831)

2008 3 Health Care Act 2008 13.3.2008 Sch 4 (cl 9)—1.7.2008 (Gazette 26.6.2008 p2563)

2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 62 (ss 138—140)—1.2.2010 (Gazette 28.1.2010 p320)

2016 4 Statutes Amendment (Rights of Foster Parents, Guardians and Kinship Carers) Act 2016 17.3.2016 Pt 3 (s 6)—17.9.2016: s 2

2016 6 Youth Justice Administration Act 2016 17.3.2016 Sch 1 (cll 8—12)—1.12.2016 (Gazette 8.9.2016 p3677)

2017 64 Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 12.12.2017 Pt 14 (ss 74 to 115)—22.10.2018 (Gazette 19.12.2017 p5119)

2019 46 Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019 19.12.2019 Pt 6 (ss 10 to 14)—1.5.2020 (Gazette 30.4.2020 p838)
Provisions amended since 3 February 1976
•Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 2 of The Public General Acts of South Australia 1837-1975 at page 275.
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.

Provision How varied Commencement

Long title substituted by 95/1993 s 36 (Sch 3) 1.1.1994

Pt 1

s 1 substituted by 95/1993 s 3 1.1.1994

s 2 deleted by 95/1993 s 36 (Sch 3) 1.1.1994

s 3 deleted by 14/1986 s 3(1) (Sch 4) 1.1.1990

s 4 amended by 111/1976 s 3 7.4.1977

amended by 43/1979 s 3 5.7.1979

amended by 67/1981 s 3 2.5.1983

deleted by 14/1986 s 3(1) (Sch 4) 1.1.1990

s 5 amended by 43/1979 s 4 5.7.1979

deleted by 95/1993 s 36 (Sch 3) 1.1.1994

s 5A inserted by 67/1981 s 4 2.5.1983

deleted by 95/1993 s 36 (Sch 3) 1.1.1994

s 6

s 6(1)

Aboriginal deleted by 67/1981 s 5(a) 2.5.1983

Aboriginal Reserve deleted by 67/1981 s 5(a) 2.5.1983

adopted child deleted by 95/1993 s 4(a) 1.1.1994

assessment centre deleted by 43/1979 s 5(a) 5.7.1979

assessment panel inserted by 43/1979 s 5(a) 5.7.1979

deleted by 95/1993 s 4(b) 1.1.1994

authorised officer inserted by 95/1993 s 4(b) 1.1.1994

deleted by 64/2017 s 74(1) 22.10.2018

baby-sitting agency inserted by 111/1976 s 4(a) 7.4.1977

amended by 67/1981 s 5(b) 2.5.1983

deleted by 21/1985 s 4(2) (Sch 2) 12.9.1985

Chief Executive inserted by 95/1993 s 4(b) 1.1.1994

Chief Executive Officer amended to read Chief Executive by 64/2017 s 74(2) 22.10.2018

child amended by 43/1979 s 5(b) 5.7.1979

child born outside marriage substituted by 102/1984 s 8(2) (Sch Pt 2) 14.2.1985

child care centre substituted by 67/1981 s 5(c) 2.5.1983

substituted by 21/1985 s 4(2) (Sch 2) 5.9.1985

deleted by 95/1993 s 4(c) 1.1.1994

Children's Court inserted by 43/1979 s 5(c) 5.7.1979

deleted by 95/1993 s 4(c) 1.1.1994

child under the care and control of the Minister deleted by 43/1979 s 5(d) 5.7.1979

children's home amended by 111/1976 s 4(b) 7.4.1977

substituted by 67/1981 s 5(d) 2.5.1983

deleted by 95/1993 s 4(c) 1.1.1994

children's residential facility inserted by 95/1993 s 4(c) 1.1.1994

deleted by 64/2017 s 74(3) 22.10.2018

community council deleted by 14/1986 s 3(1) (Sch 4) 1.1.1990

Department substituted by 95/1993 s 4(d) 1.1.1994

substituted by 84/2009 s 138 1.2.2010

Deputy Director-General amended by 67/1981 s 5(e) 2.5.1983

deleted by 95/1993 s 4(d) 1.1.1994

Director-General amended by 67/1981 s 5(f) 2.5.1983

deleted by 95/1993 s 4(d) 1.1.1994

family day-care agency inserted by 67/1981 s 5(g) 2.5.1983

deleted by 21/1985 s 4(2) (Sch 2) 1.10.1985

foster care agency inserted by 67/1981 s 5(g) 2.5.1983

deleted by 64/2017 s 74(4) 22.10.2018

foster parent amended by 67/1981 s 5(h) 2.5.1983

substituted by 95/1993 s 4(e) 1.1.1994

deleted by 64/2017 s 74(5) 22.10.2018

guardian substituted by 43/1979 s 5(e) 5.7.1979

substituted by 95/1993 s 4(f) 1.1.1994

amended by 64/2017 s 74(6) 22.10.2018

home deleted by 95/1993 s 4(g) 1.1.1994

juvenile court deleted by 43/1979 s 5(f) 5.7.1979

Juvenile Courts Act deleted by 43/1979 s 5(f) 5.7.1979

maintenance order amended by 95/1993 s 36 (Sch 3) 1.1.1994

Magistrates Court inserted by 95/1993 s 4(g) 1.1.1994

Minister amended by 95/1993 s 36 (Sch 3) 1.1.1994

deleted by 64/2017 s 74(7) 22.10.2018

near relative substituted by 67/1981 s 5(i) 2.5.1983

neglected child deleted by 43/1979 s 5(g) 5.7.1979

preliminary expenses amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

parent substituted by 95/1993 s 4(h) 1.1.1994

relative substituted by 67/1981 s 5(j) 2.5.1983

review board deleted by 14/1986 s 3(1) (Sch 4) 1.1.1990

review panel inserted by 14/1986 s 3(1) (Sch 4) 1.1.1990

deleted by 95/1993 s 36 (Sch 3) 1.1.1994

step-father deleted by 67/1981 s 5(k) 2.5.1983

step-mother deleted by 67/1981 s 5(k) 2.5.1983

step-parent inserted by 67/1981 s 5(k) 2.5.1983

the repealed Aboriginal Affairs Act deleted by 95/1993 s 36 (Sch 3) 1.1.1994

the repealed Acts deleted by 95/1993 s 36 (Sch 3) 1.1.1994

the repealed Social Welfare Act deleted by 95/1993 s 36 (Sch 3) 1.1.1994

uncontrolled child deleted by 43/1979 s 5(h) 5.7.1979

Youth Court inserted by 95/1993 s 4(i) 1.1.1994

deleted by 64/2017 s 74(8) 22.10.2018

youth project centre deleted by 95/1993 s 36 (Sch 3) 1.1.1994

s 6(2) amended by 95/1993 s 36 (Sch 3) 1.1.1994

substituted by 46/2019 s 10 1.5.2020

s 6(3) and (4) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 6(5) inserted by 95/1993 s 5 1.1.1994

amended by 64/2017 s 74(9) 22.10.2018

Pt 2 amended by 111/1976 s 5 7.4.1977

substituted by 67/1981 s 6 2.5.1983

heading amended by 95/1993 s 36 (Sch 3) 1.1.1994

Pt 2 Div 1

s 7 amended by 95/1993 s 36 (Sch 3) 1.1.1994

deleted by 6/2016 Sch 1 cl 8 1.12.2016

s 8

s 8(1) amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 68/1996 s 29(a) 8.10.1996

amended by 64/2017 s 75 22.10.2018

s 8(2) amended by 95/1993 ss 6, 36 (Sch 3) 1.1.1994

substituted by 68/1996 s 29(b) 8.10.1996

amended by 64/2017 s 75 22.10.2018

s 8(3) amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 64/2017 s 75 22.10.2018

s 8(4) amended by 95/1993 ss 6, 36 (Sch 3) 1.1.1994

deleted by 84/2009 s 139 1.2.2010

s 9 amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

deleted by 95/1993 s 36 (Sch 3) 1.1.1994

Pt 2 Div 2

s 10

s 10(1)—(3) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 10(4) substituted by 95/1993 s 7 1.1.1994

s 10(5) amended by 95/1993 s 36 (Sch 3) 1.1.1994

Pt 2 Div 3 before deletion by 64/2017 heading amended by 95/1993 s 36 (Sch 3) 1.1.1994

ss 11—13 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 14

s 14(1)—(3), (5)—(7) amended by 95/1993 s 36 (Sch 3) 1.1.1994

ss 15—19 amended by 95/1993 s 36 (Sch 3) 1.1.1994

Pt 2 Div 3 deleted by 64/2017 s 76 22.10.2018

Pt 2 Div 4

s 20

s 20(1) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 20(2) substituted by 95/1993 s 36 (Sch 3) 1.1.1994

Pt 2 Div 5 substituted by 95/1993 s 8 1.1.1994

deleted by 64/2017 s 77 22.10.2018

Pt 3 substituted by 67/1981 s 6 2.5.1983

heading amended by 95/1993 s 36 (Sch 3) 1.1.1994

Pt 3 Div 1

s 22

s 22(1) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 22(2) substituted by 95/1993 s 36 (Sch 3) 1.1.1994

Pt 3 Div 2 substituted by 95/1993 s 9 1.1.1994

s 23

s 23(4) amended by 64/2017 s 78(1), (2) 22.10.2018

Pt 3 Div 3 heading amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 24 amended by 95/1993 s 36 (Sch 3) 1.1.1994

Pt 4 amended by 111/1976 ss 6—16 7.4.1977

amended by 43/1979 ss 6—30 5.7.1979

substituted by 67/1981 s 6 2.5.1983

Pt 4 Div 1 before deletion by 76/2005 heading amended by 95/1993 s 10 1.1.1994

s 25 deleted by 95/1993 s 11 1.1.1994

s 26

s 26(1) substituted by 95/1993 s 36 (Sch 3) 1.1.1994

s 26(2) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 26(3) amended by 30/1988 s 3 1.9.1988

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 26(4) amended by 95/1993 s 36 (Sch 3) 1.1.1994

Pt 4 Div 1 deleted by 76/2005 Sch 1 cl 1 1.2.2006

Pt 4 Div 2 heading amended by 30/1988 s 4 1.9.1988

heading amended by 95/1993 s 36 (Sch 3) 1.1.1994

Pt 4 Div 2 Subdiv 1 amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 30/1988 ss 5, 6 1.9.1988

deleted by 95/1993 s 12 1.1.1994

Pt 4 Div 2 Subdiv 2 substituted by 95/1993 s 13 1.1.1994

s 36

s 36(1) (a) deleted by 6/2016 Sch 1 cl 9(1) 1.12.2016

s 36(2) amended by 6/2016 Sch 1 cl 9(2) 1.12.2016

amended by 64/2017 s 79 22.10.2018

s 36(3) amended by 6/2016 Sch 1 cl 9(3) 1.12.2016

Pt 4 Div 2 Subdiv 3 before deletion by 64/2017

s 40 substituted by 95/1993 s 14 1.1.1994

s 41 substituted by 95/1993 s 15 1.1.1994

s 42 amended by 95/1993 ss 16, 36 (Sch 3) 1.1.1994

s 43

s 43(1)—(3) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 43(4) amended by 95/1993 s 36 (Schs 2 and 3) 1.1.1994

s 43(5) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 43(6) amended by 95/1993 s 36 (Schs 2 and 3) 1.1.1994

s 43A inserted by 95/1993 s 17 1.1.1994

s 44 deleted by 95/1993 s 18 1.1.1994

s 45

s 45(1) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 45(2) deleted by 95/1993 s 19 1.1.1994

s 46

s 46(1) substituted by 95/1993 s 20 1.1.1994

s 46(2) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 46(3) substituted by 95/1993 s 36 (Sch 3) 1.1.1994

s 47 substituted by 95/1993 s 21 1.1.1994

s 48

s 48(1) amended by 95/1993 s 36 (Schs 2 and 3) 1.1.1994

s 48(2) substituted by 95/1993 s 36 (Sch 3) 1.1.1994

s 48(3) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 48(4) amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 48(5) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 48(6) amended by 95/1993 s 36 (Schs 2 and 3) 1.1.1994

s 49

s 49(1) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 49(2) substituted by 95/1993 s 36 (Sch 3) 1.1.1994

s 50 amended by 95/1993 s 36 (Schs 2 and 3) 1.1.1994

ss 50A and 50B inserted by 95/1993 s 22 1.1.1994

Pt 4 Div 2 Subdiv 3 deleted by 64/2017 s 80 22.10.2018

Pt 4 Div 2 Subdiv 4 before deletion by 64/2017 heading amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 51

s 51(1) and (2) substituted by 95/1993 s 23 1.1.1994

s 51(3) amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

substituted by 95/1993 s 23 1.1.1994

s 51(3a) inserted by 95/1993 s 23 1.1.1994

s 51(4) amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 51(5) amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

deleted by 95/1993 s 36 (Sch 3) 1.1.1994

s 51(6) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 52

s 52(1) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 52(2) substituted by 95/1993 s 36 (Sch 3) 1.1.1994

s 53 amended by 95/1993 s 36 (Schs 2 and 3) 1.1.1994

ss 54 and 55 substituted by 95/1993 s 24 1.1.1994

s 56 amended by 95/1993 s 36 (Sch 3) 1.1.1994

Pt 4 Div 2 Subdiv 4 deleted by 64/2017 s 81 22.10.2018

Pt 4 Div 2 Subdiv 5 deleted by 21/1985 s 4(2) (Sch 2) 5.9.1985

Pt 4 Div 2 Subdiv 6 deleted by 21/1985 s 4(2) (Sch 2) 12.9.1985

Pt 4 Div 2 Subdiv 7 deleted by 21/1985 s 4(2) (Sch 2) 1.10.1985

Pt 4 Div 2 Subdiv 8 before deletion by 64/2017

s 73 deleted by 95/1993 s 25 1.1.1994

s 74 substituted by 95/1993 s 26 1.1.1994

s 75 deleted by 95/1993 s 26 1.1.1994

s 76

s 76(1) s 76 amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

s 76 amended and redesignated as s 76(1) by 95/1993 ss 27, 36 (Sch 2) 1.1.1994

s 76(2) inserted by 95/1993 s 27 1.1.1994

s 77 amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

substituted by 95/1993 s 28 1.1.1994

amended by 6/2016 Sch 1 cl 10(1), (2) 1.12.2016

s 78 deleted by 95/1993 s 28 1.1.1994

s 79 deleted by 21/1985 s 4(2) (Sch 2) 1.10.1985

s 80 substituted by 95/1993 s 29 1.1.1994

s 81 deleted by 95/1993 s 30 1.1.1994

s 82 amended by 30/1988 s 7 1.9.1988

deleted by 95/1993 s 30 1.1.1994

s 83 amended by 79/1984 s 6 15.11.1984

deleted by 95/1993 s 30 1.1.1994

s 84

s 84(1) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 84(2) amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 33/1999 Sch (item 23(a)) 1.7.1999

s 84(3) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 84(4) substituted by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 84(5) substituted by 95/1993 s 36 (Sch 3) 1.1.1994

s 85 deleted by 95/1993 s 31 1.1.1994

s 85 inserted by 4/2016 s 6 17.9.2016

Pt 4 Div 2 Subdiv 8 deleted by 64/2017 s 82 22.10.2018

Pt 4 Div 3 amended by 111/1976 s 17 7.4.1977

amended by 30/1988 ss 8, 9 1.9.1988

deleted by 95/1993 s 32 1.1.1994

Pt 5 deleted by 67/1981 s 7 2.5.1983

Pt 6

Pt 6 Div 1 heading substituted by 67/1981 s 8 2.5.1983

Pt 6 Div 1 Subdiv 1 heading substituted by 67/1981 s 8 2.5.1983

ss 92—97 deleted by 67/1981 s 9 2.5.1983

s 98 amended by 43/1979 s 31 5.7.1979

substituted by 67/1981 s 9 2.5.1983

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 98(1) amended by 64/2017 s 83 22.10.2018

s 99

s 99(1) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 99(2) amended by 43/1979 s 32 5.7.1979

amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 64/2017 s 84 22.10.2018

s 99(3) amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 100

s 100(1) amended by 67/1981 s 10 2.5.1983

s 100(2) and (3) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 101

s 101(2) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 101(3) amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

Pt 6 Div 1 Subdiv 2

s 103 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 104 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 104(1) amended by 64/2017 s 85 22.10.2018

amended by 46/2019 s 11 1.5.2020

s 105

s 105(1) amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 64/2017 s 86 22.10.2018

s 105(3)—(5) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 106 amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

ss 107 and 108 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 109

s 109(1) amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

s 109(2), (3), (5) and (6) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 110

s 110(1) and (2) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 110(3) amended by 67/1981 s 11 2.5.1983

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 110(6) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 111 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 111(1) and (3) amended by 64/2017 s 87 22.10.2018

s 112

s 112(1) deleted by 95/1993 s 36 (Sch 3) 1.1.1994

s 112(3) amended by 67/1981 s 12(a)—(c) 2.5.1983

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 112(4) and (5) substituted by 67/1981 s 12(d) 2.5.1983

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 112(7) amended by 67/1981 s 12(e), (f) 2.5.1983

amended by 3/2008 Sch 4 cl 9 1.7.2008

s 112(8) amended by 67/1981 s 12(g) 2.5.1983

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 112(9) amended by 67/1981 s 12(h)—(j) 2.5.1983

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 112(9a) inserted by 67/1981 s 12(k) 2.5.1983

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 112(10) amended by 67/1981 s 12(l), (m) 2.5.1983

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 112(11) substituted by 67/1981 s 12(n) 2.5.1983

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 112(12) amended by 67/1981 s 12(o) 2.5.1983

substituted by 95/1993 s 36 (Sch 3) 1.1.1994

s 112(13) amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 17/2006 s 126 4.9.2006

Pt 6 Div 1 Subdiv 3

s 113 amended by 95/1993 s 36 (Sch 3) 1.1.1994

Pt 6 Div 1 Subdiv 4 heading amended by 67/1981 s 13 2.5.1983

ss 114—116 deleted by 67/1981 s 14 2.5.1983

s 117 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 117(1) amended by 64/2017 s 88 22.10.2018

Pt 6 Div 2 amended by 43/1979 s 33 5.7.1979

deleted by 67/1981 s 15 2.5.1983

Pt 6 Div 3 heading amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 130 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 131

s 131(1) amended by 67/1981 s 16 2.5.1983

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 131(2) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 132 deleted by 67/1981 s 17 2.5.1983

s 133

s 133(1) amended by 67/1981 s 18 2.5.1983

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 133(2) amended by 95/1993 s 36 (Sch 3) 1.1.1994

Pt 6 Div 4

s 134 amended by 67/1981 s 19 2.5.1983

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 135 substituted by 67/1981 s 20 2.5.1983

s 135(1) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 135(3) deleted by 95/1993 s 36 (Sch 3) 1.1.1994

s 137 deleted by 67/1981 s 21 2.7.1984

s 138 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 139 deleted by 67/1981 s 22 2.5.1983

s 140 amended by 67/1981 s 23 2.5.1983

amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 46/2019 s 12 1.5.2020

s 141 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 142 amended by 43/1979 s 34 5.7.1979

amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 64/2017 s 89 22.10.2018

Pt 6 Div 5

s 143 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 144

s 144(1) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 144(2) deleted by 95/1993 s 36 (Sch 3) 1.1.1994

s 144(3) and (6) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 145

s 145(1) amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 64/2017 s 90 22.10.2018

s 145(2) amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 145(3) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 146 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 148

s 148(1) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 148(2) deleted by 95/1993 s 36 (Sch 3) 1.1.1994

s 148(3) amended by 95/1993 s 36 (Sch 3) 1.1.1994

Pt 6 Div 6

s 149

s 149(1) and (3) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 150 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 151 amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 64/2017 s 91 22.10.2018

s 152

s 152(1) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 153 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 154

s 154(1) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 154(2) substituted by 67/1981 s 24(a) 2.5.1983

s 154(2a) inserted by 67/1981 s 24(a) 2.5.1983

amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

s 154(3) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 154(4) amended by 67/1981 s 24(b) 2.5.1983

amended by 95/1993 s 36 (Schs 2 and 3) 1.1.1994

Pt 6 Div 7

s 155

s 155(1) s 155 amended and redesignated as s 155(1) by 67/1981 s 25 2.5.1983

(c) deleted by 67/1981 s 25(b) 2.5.1983

amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 33/1999 Sch (item 23(b)) 1.7.1999

s 155(2) inserted by 67/1981 s 25(d) 2.5.1983

amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 33/1999 Sch (item 23(c)) 1.7.1999

s 156

s 156(1) amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 33/1999 Sch (item 23(d)) 1.7.1999

amended by 64/2017 s 92 22.10.2018

s 156(2) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 157 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 157(2) amended by 17/2006 s 127 4.9.2006

s 158 amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 64/2017 s 93 22.10.2018

s 159 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 159(1) and (2) amended by 64/2017 s 94 22.10.2018

s 160 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 160(1) and (2) amended by 64/2017 s 95 22.10.2018

s 161 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 161(1) and (2) amended by 64/2017 s 96 22.10.2018

s 162 amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 163 amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 64/2017 s 97 22.10.2018

s 164 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 164(1) amended by 64/2017 s 98 22.10.2018

s 165

s 165(1) amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 165(2) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 165(3) amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 64/2017 s 99 22.10.2018

s 166 amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 64/2017 s 100 22.10.2018

s 167 amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 168 substituted by 67/1981 s 26 2.5.1983

s 168(1) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 168(2) amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 56/2005 Sch 2 cl 22(1), (2) 1.7.2006

s 168(3) amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 169

s 169(1) substituted by 67/1981 s 27(a) 2.5.1983

amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 169(1a) and (2) amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 169(3) amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

amended by 56/2005 Sch 2 cl 23 1.7.2006

s 169(4) substituted by 67/1981 s 27(b) 2.5.1983

substituted by 95/1993 s 36 (Sch 3) 1.1.1994

s 169(5)—(8) amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 169(9) substituted by 67/1981 s 27(c) 2.5.1983

amended by 14/1986 s 3(1) (Sch 4) 1.1.1990

amended by 95/1993 s 36 (Sch 3) 1.1.1994

s 169(10) amended by 67/1981 s 27(d) 2.5.1983

amended by 14/1986 s 3(1) (Sch 4)

amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 170	amended by 67/1981 s 28	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 171	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
deleted by 95/1993 s 36 (Sch 3)	1.1.1994
s 172	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
s 173	amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
s 174
s 174(1) and (2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 174(3)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 174(4)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 56/2005 Sch 2 cl 24	1.7.2006
s 175
s 175(1)
attachment of earnings order	amended by 95/1993 s 36 (Sch 3)	1.1.1994
earnings	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
net earnings	substituted by 67/1981 s 29	2.5.1983
pay-day	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
s 175(2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 176
s 176(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 176(2), (4), (6)—(8)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 176(9)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 101	22.10.2018
s 177	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 177(1) and (2)	amended by 64/2017 s 102	22.10.2018
s 178	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 179	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 179(2)	amended by 64/2017 s 103	22.10.2018
s 180
s 180(1) and (2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 180(3)	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 104	22.10.2018
s 180(4)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 181	amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
s 182	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 183
s 183(1)	amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
s 183(2)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
(i) and (ii) deleted by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 105	22.10.2018
s 184	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 185	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
s 186	substituted by 95/1993 s 36 (Sch 2)	1.1.1994
s 187
s 187(1)	amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
s 187(2)—(4)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 188	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 189	amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 106	22.10.2018
ss 190 and 191	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 192
s 192(1)	amended by 95/1993 s 36 (Sch 2)	1.1.1994
s 192(2)	deleted by 95/1993 s 36 (Sch 2)	1.1.1994
s 192(3) and (4)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 193	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
deleted by 95/1993 s 36 (Sch 3)	1.1.1994
s 194	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 195	amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 107	22.10.2018
Pt 6 Div 8
s 196
s 196(1)
certified copy	amended by 67/1981 s 30	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
overseas order	amended by 95/1993 s 36 (Sch 3)	1.1.1994
South Australian Order	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
s 196(2)—(4)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 197	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 197(1)	amended by 64/2017 s 108	22.10.2018
s 198	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 199	deleted by 95/1993 s 36 (Sch 3)	1.1.1994
s 200
s 200(1)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
s 200(2)—(4)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 201
s 201(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 201(2)	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
s 201(3)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 201(4)—(6)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 202	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 203
s 203(1) and (2)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 203(3)—(5)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
ss 204—206	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 207
s 207(1)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 207(2)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
s 208
s 208(1) and (2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 208(3)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
(c) deleted by 95/1993 s 36 (Sch 3)	1.1.1994
s 208(4)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 208(5)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 209	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 210	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
s 211
s 211(1)	amended by 46/2019 s 13	1.5.2020
(b) deleted by 46/2019 s 13	1.5.2020
s 211(2)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 211(3) and (4)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 211(5) and (6)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 211(7)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
s 211(8)	deleted by 95/1993 s 36 (Sch 3)	1.1.1994
s 211(9)—(11)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 212	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 213
s 213(1) and (2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 213(3)	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
s 213(4)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 213(5)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 214
s 214(1)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 214(2)—(4)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 214(5)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 214(6)	deleted by 95/1993 s 36 (Sch 3)	1.1.1994
s 215	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 216
s 216(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 216(2)	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
s 216(3)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 216(4)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
ss 217—219	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 220
s 220(1)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 220(2)—(5)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
ss 221—223	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 224
s 224(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 224(2)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
s 225
s 225(1) and (2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 225(4)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 226
s 226(2) and (3)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 226(4)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 226(5)—(7)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
ss 227 and 228	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 229
s 229(1) and (2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 229(3)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 230
s 230(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 230(2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 33/1999 Sch (item 23(e))	1.7.1999
s 230(3) and (4)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 230(5)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
ss 231—233	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 234
s 234(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 234(2)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 234(3)	substituted by 14/1986 s 3(1) (Sch 4)	1.1.1990
s 235	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
Pt 7
s 235A before deletion by 84/2009	inserted by 67/1981 s 31	2.5.1983
s 235A(1)	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
s 235A(2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 235A	deleted by 84/2009 s 140	1.2.2010
s 236	amended by 43/1979 s 35	5.7.1979
amended by 67/1981 s 32	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 6/2016 Sch 1 cl 11	1.12.2016
deleted by 64/2017 s 109	22.10.2018
s 236A	inserted by 95/1993 s 33	1.1.1994
amended by 64/2017 s 110	22.10.2018
s 236B	inserted by 95/1993 s 33	1.1.1994
s 237
s 237(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 237(2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 56/2005 Sch 2 cl 25	1.7.2006
s 238
s 238(1)	amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
s 238(2)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
s 238(3)	deleted by 95/1993 s 36 (Sch 2)	1.1.1994
s 238(5)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 239
s 239(1) and (1a)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 239(2)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
substituted by 95/1993 s 36 (Sch 3)	1.1.1994
s 239(3)	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
s 239(4)	deleted by 43/1979 s 36	5.7.1979
s 240
s 240(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 111	22.10.2018
s 240(2)	amended by 43/1979 s 37	5.7.1979
amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 241	deleted by 43/1979 s 38	5.7.1979
s 242
s 242(1)	(c) deleted by 67/1981 s 33	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 112	22.10.2018
s 242(2)	amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
ss 243 and 244	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 245	amended by 46/2019 s 14	1.5.2020
s 246	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 247
s 247(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 249	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 250 before substitution by 64/2017
s 250(1)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
s 250(2)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
substituted by 95/1993 s 36 (Sch 2)	1.1.1994
s 250	deleted by 64/2017 s 113	22.10.2018
s 250A	inserted by 67/1981 s 34	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
deleted by 64/2017 s 114	22.10.2018
s 250B	inserted by 67/1981 s 34	uncommenced—not incorporated
s 251	amended by 43/1979 s 39	5.7.1979
amended by 67/1981 s 35(a), (c), (d)	2.5.1983
(d) deleted by 67/1981 s 35(b)	2.5.1983
amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 ss 34(a), (d), 36 (Schs 2 and 3)	1.1.1994
(e) deleted by 95/1993 s 34(b)	1.1.1994
(f), (g) and (h) deleted by 95/1993 s 34(c)	1.1.1994
(l) deleted by 95/1993 s 34(e)	1.1.1994
(p) deleted by 67/1981 s 35(e)	2.5.1983
amended by 6/2016 Sch 1 cl 12(1)	1.12.2016
(e1) deleted by 6/2016 Sch 1 cl 12(2)	1.12.2016
amended by 64/2017 s 115(1)	22.10.2018
(k) deleted by 64/2017 s 115(2)	22.10.2018
(k1) deleted by 64/2017 s 115(3)	22.10.2018
s 252	amended by 67/1981 s 36	2.5.1983
substituted by 14/1986 s 3(1) (Sch 4)	1.1.1990
deleted by 95/1993 s 35	1.1.1994
Sch	deleted by 14/1986 s 3(1) (Sch 4)	1.1.1990

Transitional etc provisions associated with Act or amendments

Community Welfare (Children) Amendment Act 1993, Sch 1—Transitional provisions

In this Schedule—
a guardianship order means an order made by the Minister under the repealed provisions placing a child under the Minister's guardianship;
the repealed provisions means those provisions of the principal Act repealed by this Act.
A guardianship order in force immediately prior to the commencement of this Act remains in force, according to its terms, until discharged by the Minister or by an order of a court.
Section 35 of the principal Act (Discharge of child from guardianship of Minister and appeals) and any regulations made for the purpose of that section continue to apply (notwithstanding its repeal) in relation to a guardianship order, with the following modifications:
(a)a reference to the Children's Court will be taken to be a reference to the Youth Court of South Australia;
(b)a reference to the Director-General will be taken to be a reference to the Chief Executive Officer.
The Minister must ensure that the progress and circumstances of a child under a guardianship order are reviewed at least once in each year that the order remains in force.
The Minister and the Chief Executive Officer have, in relation to a child the subject of a guardianship order, all the powers and duties that they have in relation to a child under the Minister's guardianship pursuant to the Children's Protection Act 1993.
A child who was, immediately prior to the commencement of this Act, being detained in hospital pursuant to section 94 of the principal Act, may continue to be so detained in accordance with that section, notwithstanding its repeal.

Children and Young People (Safety) (Miscellaneous) Amendment Act 2018, Sch 1 Pt 2—Transitional provisions etc

7—Moneys held on behalf of child or young person

This clause applies to money received pursuant to section 84 of the Family and Community Services Act 1972, or section 161 of the Children and Young People (Safety) Act 2017 (as in force before the commencement of section 13 of this Act), that is being held on behalf of a child or young person, regardless of where the money is being held.
Any money to which this clause applies will, on the commencement of this clause, be taken to be money received by the Chief Executive pursuant to section 161 of the Children and Young People (Safety) Act 2017 (as amended by section 13 of this Act) and is to be dealt with in accordance with that section.
In this clause—
Chief Executive has the same meaning as in the Children and Young People (Safety) Act 2017.

Historical versions

Reprint No 1—1.7.1991
Reprint No 2—1.1.1994
Reprint No 3—8.10.1996
Reprint No 4—1.7.1999
1.2.2006
1.7.2006
4.9.2006
1.7.2008
1.2.2010
17.9.2016
1.12.2016
22.10.2018

Appendix—Divisional penalties and expiation fees

At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division	Maximum imprisonment	Maximum fine	Expiation fee
1	15 years	$60 000	—
2	10 years	$40 000	—
3	7 years	$30 000	—
4	4 years	$15 000	—
5	2 years	$8 000	—
6	1 year	$4 000	$300
7	6 months	$2 000	$200
8	3 months	$1 000	$150
9	–	$500	$100
10	–	$200	$75
11	–	$100	$50
12	–	$50	$25

Note: This appendix is provided for convenience of reference only.

Year	No	Title	Assent	Commencement
1972	51	Community Welfare Act 1972	27.4.1972	1.7.1972 (Gazette 29.6.1972 p2689) except Pt 4 Div 2 Subdiv 6—deleted by 67/1981 and except s 112—15.1.1987 (Gazette 15.1.1987 p55)
1973	68	Community Welfare Act Amendment Act 1973	6.12.1973	20.12.1973 (Gazette 20.12.1973 p3337)
1975	43	Community Welfare Act Amendment Act 1975	10.4.1975	12.6.1975 (Gazette 12.6.1975 p2260)
1975	88	Statute Law Revision Act (No. 3) 1975	20.11.1975	20.11.1975
1975	104	Community Welfare Act Amendment Act (No. 2) 1975	20.11.1975	29.1.1976 (Gazette 29.1.1976 p356)
1976	111	Community Welfare Act Amendment Act 1976	16.12.1976	7.4.1977 (Gazette 7.4.1977 p1070)
1979	43	Community Welfare Act Amendment Act 1979	15.3.1979	5.7.1979 (Gazette 5.7.1979 p4)
1981	67	Community Welfare Act Amendment Act 1981	15.10.1981	2.5.1983 (Gazette 28.4.1983 p944) except s 21—2.7.1984 (Gazette 7.6.1984 p1526) and except the part of s 34 inserting s 250B—uncommenced
1984	79	Tobacco Sales to Children (Prohibition) Act 1984	15.11.1984	15.11.1984
1984	102	Family Relationships Act Amendment Act 1984	20.12.1984	14.2.1985 (Gazette 14.2.1985 p366)
1985	21	Children's Services Act 1985	28.3.1985	Sch 2—5.9.1985 (Gazette 5.9.1985 p700), 12.9.1985 (Gazette 12.9.1985 p796) and 1.10.1985 (Gazette 26.9.1985 p944)
1986	14	Statute Law Revision Act 1986	20.3.1986	Sch 4—1.1.1990 (Gazette 14.12.1989 p1768)
1988	30	Community Welfare Act Amendment Act 1988	21.4.1988	1.9.1988 (Gazette 25.8.1988 p794)
1993	95	Community Welfare (Children) Amendment Act 1993	4.11.1993	1.1.1994 (Gazette 4.11.1993 p2166)
1996	68	Statutes Amendment (Sentencing of Young Offenders) Act 1996	15.8.1996	8.10.1996 (Gazette 29.8.1996 p810)
1999	33	Financial Sector Reform (South Australia) Act 1999	17.6.1999	Sch (item 23)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)
2005	56	Justices of the Peace Act 2005	17.11.2005	Sch 2 (cll 22—25)—1.7.2006 (Gazette 22.6.2006 p2012)
2005	76	Children's Protection (Miscellaneous) Amendment Act 2005	8.12.2005	Sch 1 (cl 1)—1.2.2006 (Gazette 19.1.2006 p237)
2006	17	Statutes Amendment (New Rules of Civil Procedure) Act 2006	6.7.2006	Pt 34 (ss 126 & 127)—4.9.2006 (Gazette 17.8.2006 p2831)
2008	3	Health Care Act 2008	13.3.2008	Sch 4 (cl 9)—1.7.2008 (Gazette 26.6.2008 p2563)
2009	84	Statutes Amendment (Public Sector Consequential Amendments) Act 2009	10.12.2009	Pt 62 (ss 138—140)—1.2.2010 (Gazette 28.1.2010 p320)
2016	4	Statutes Amendment (Rights of Foster Parents, Guardians and Kinship Carers) Act 2016	17.3.2016	Pt 3 (s 6)—17.9.2016: s 2
2016	6	Youth Justice Administration Act 2016	17.3.2016	Sch 1 (cll 8—12)—1.12.2016 (Gazette 8.9.2016 p3677)
2017	64	Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017	12.12.2017	Pt 14 (ss 74 to 115)—22.10.2018 (Gazette 19.12.2017 p5119)
2019	46	*Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019*	19.12.2019	*Pt 6 (ss 10 to 14)—1.5.2020 (Gazette 30.4.2020 p838)*

Provision	How varied	Commencement
Long title	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
Pt 1
s 1	substituted by 95/1993 s 3	1.1.1994
s 2	deleted by 95/1993 s 36 (Sch 3)	1.1.1994
s 3	deleted by 14/1986 s 3(1) (Sch 4)	1.1.1990
s 4	amended by 111/1976 s 3	7.4.1977
amended by 43/1979 s 3	5.7.1979
amended by 67/1981 s 3	2.5.1983
deleted by 14/1986 s 3(1) (Sch 4)	1.1.1990
s 5	amended by 43/1979 s 4	5.7.1979
deleted by 95/1993 s 36 (Sch 3)	1.1.1994
s 5A	inserted by 67/1981 s 4	2.5.1983
deleted by 95/1993 s 36 (Sch 3)	1.1.1994
s 6
s 6(1)
Aboriginal	deleted by 67/1981 s 5(a)	2.5.1983
Aboriginal Reserve	deleted by 67/1981 s 5(a)	2.5.1983
adopted child	deleted by 95/1993 s 4(a)	1.1.1994
assessment centre	deleted by 43/1979 s 5(a)	5.7.1979
assessment panel	inserted by 43/1979 s 5(a)	5.7.1979
deleted by 95/1993 s 4(b)	1.1.1994
authorised officer	inserted by 95/1993 s 4(b)	1.1.1994
deleted by 64/2017 s 74(1)	22.10.2018
baby-sitting agency	inserted by 111/1976 s 4(a)	7.4.1977
amended by 67/1981 s 5(b)	2.5.1983
deleted by 21/1985 s 4(2) (Sch 2)	12.9.1985
Chief Executive	inserted by 95/1993 s 4(b)	1.1.1994
Chief Executive Officer amended to read Chief Executive by 64/2017 s 74(2)	22.10.2018
child	amended by 43/1979 s 5(b)	5.7.1979
child born outside marriage	substituted by 102/1984 s 8(2) (Sch Pt 2)	14.2.1985
child care centre	substituted by 67/1981 s 5(c)	2.5.1983
substituted by 21/1985 s 4(2) (Sch 2)	5.9.1985
deleted by 95/1993 s 4(c)	1.1.1994
Children's Court	inserted by 43/1979 s 5(c)	5.7.1979
deleted by 95/1993 s 4(c)	1.1.1994
child under the care and control of the Minister	deleted by 43/1979 s 5(d)	5.7.1979
children's home	amended by 111/1976 s 4(b)	7.4.1977
substituted by 67/1981 s 5(d)	2.5.1983
deleted by 95/1993 s 4(c)	1.1.1994
children's residential facility	inserted by 95/1993 s 4(c)	1.1.1994
deleted by 64/2017 s 74(3)	22.10.2018
community council	deleted by 14/1986 s 3(1) (Sch 4)	1.1.1990
Department	substituted by 95/1993 s 4(d)	1.1.1994
substituted by 84/2009 s 138	1.2.2010
Deputy Director-General	amended by 67/1981 s 5(e)	2.5.1983
deleted by 95/1993 s 4(d)	1.1.1994
Director-General	amended by 67/1981 s 5(f)	2.5.1983
deleted by 95/1993 s 4(d)	1.1.1994
family day-care agency	inserted by 67/1981 s 5(g)	2.5.1983
deleted by 21/1985 s 4(2) (Sch 2)	1.10.1985
foster care agency	inserted by 67/1981 s 5(g)	2.5.1983
deleted by 64/2017 s 74(4)	22.10.2018
foster parent	amended by 67/1981 s 5(h)	2.5.1983
substituted by 95/1993 s 4(e)	1.1.1994
deleted by 64/2017 s 74(5)	22.10.2018
guardian	substituted by 43/1979 s 5(e)	5.7.1979
substituted by 95/1993 s 4(f)	1.1.1994
amended by 64/2017 s 74(6)	22.10.2018
home	deleted by 95/1993 s 4(g)	1.1.1994
juvenile court	deleted by 43/1979 s 5(f)	5.7.1979
Juvenile Courts Act	deleted by 43/1979 s 5(f)	5.7.1979
maintenance order	amended by 95/1993 s 36 (Sch 3)	1.1.1994
Magistrates Court	inserted by 95/1993 s 4(g)	1.1.1994
Minister	amended by 95/1993 s 36 (Sch 3)	1.1.1994
deleted by 64/2017 s 74(7)	22.10.2018
near relative	substituted by 67/1981 s 5(i)	2.5.1983
neglected child	deleted by 43/1979 s 5(g)	5.7.1979
preliminary expenses	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
parent	substituted by 95/1993 s 4(h)	1.1.1994
relative	substituted by 67/1981 s 5(j)	2.5.1983
review board	deleted by 14/1986 s 3(1) (Sch 4)	1.1.1990
review panel	inserted by 14/1986 s 3(1) (Sch 4)	1.1.1990
deleted by 95/1993 s 36 (Sch 3)	1.1.1994
step-father	deleted by 67/1981 s 5(k)	2.5.1983
step-mother	deleted by 67/1981 s 5(k)	2.5.1983
step-parent	inserted by 67/1981 s 5(k)	2.5.1983
the repealed Aboriginal Affairs Act	deleted by 95/1993 s 36 (Sch 3)	1.1.1994
the repealed Acts	deleted by 95/1993 s 36 (Sch 3)	1.1.1994
the repealed Social Welfare Act	deleted by 95/1993 s 36 (Sch 3)	1.1.1994
uncontrolled child	deleted by 43/1979 s 5(h)	5.7.1979
Youth Court	inserted by 95/1993 s 4(i)	1.1.1994
deleted by 64/2017 s 74(8)	22.10.2018
youth project centre	deleted by 95/1993 s 36 (Sch 3)	1.1.1994
s 6(2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
substituted by 46/2019 s 10	1.5.2020
s 6(3) and (4)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 6(5)	inserted by 95/1993 s 5	1.1.1994
amended by 64/2017 s 74(9)	22.10.2018
Pt 2	amended by 111/1976 s 5	7.4.1977
substituted by 67/1981 s 6	2.5.1983
heading amended by 95/1993 s 36 (Sch 3)	1.1.1994
Pt 2 Div 1
s 7	amended by 95/1993 s 36 (Sch 3)	1.1.1994
deleted by 6/2016 Sch 1 cl 8	1.12.2016
s 8
s 8(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 68/1996 s 29(a)	8.10.1996
amended by 64/2017 s 75	22.10.2018
s 8(2)	amended by 95/1993 ss 6, 36 (Sch 3)	1.1.1994
substituted by 68/1996 s 29(b)	8.10.1996
amended by 64/2017 s 75	22.10.2018
s 8(3)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 75	22.10.2018
s 8(4)	amended by 95/1993 ss 6, 36 (Sch 3)	1.1.1994
deleted by 84/2009 s 139	1.2.2010
s 9	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
deleted by 95/1993 s 36 (Sch 3)	1.1.1994
Pt 2 Div 2
s 10
s 10(1)—(3)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 10(4)	substituted by 95/1993 s 7	1.1.1994
s 10(5)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
Pt 2 Div 3 before deletion by 64/2017	heading amended by 95/1993 s 36 (Sch 3)	1.1.1994
ss 11—13	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 14
s 14(1)—(3), (5)—(7)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
ss 15—19	amended by 95/1993 s 36 (Sch 3)	1.1.1994
Pt 2 Div 3	deleted by 64/2017 s 76	22.10.2018
Pt 2 Div 4
s 20
s 20(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 20(2)	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
Pt 2 Div 5	substituted by 95/1993 s 8	1.1.1994
deleted by 64/2017 s 77	22.10.2018
Pt 3	substituted by 67/1981 s 6	2.5.1983
heading amended by 95/1993 s 36 (Sch 3)	1.1.1994
Pt 3 Div 1
s 22
s 22(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 22(2)	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
Pt 3 Div 2	substituted by 95/1993 s 9	1.1.1994
s 23
s 23(4)	amended by 64/2017 s 78(1), (2)	22.10.2018
Pt 3 Div 3	heading amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 24	amended by 95/1993 s 36 (Sch 3)	1.1.1994
Pt 4	amended by 111/1976 ss 6—16	7.4.1977
amended by 43/1979 ss 6—30	5.7.1979
substituted by 67/1981 s 6	2.5.1983
Pt 4 Div 1 before deletion by 76/2005	heading amended by 95/1993 s 10	1.1.1994
s 25	deleted by 95/1993 s 11	1.1.1994
s 26
s 26(1)	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
s 26(2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 26(3)	amended by 30/1988 s 3	1.9.1988
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 26(4)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
Pt 4 Div 1	deleted by 76/2005 Sch 1 cl 1	1.2.2006
Pt 4 Div 2	heading amended by 30/1988 s 4	1.9.1988
heading amended by 95/1993 s 36 (Sch 3)	1.1.1994
Pt 4 Div 2 Subdiv 1	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 30/1988 ss 5, 6	1.9.1988
deleted by 95/1993 s 12	1.1.1994
Pt 4 Div 2 Subdiv 2	substituted by 95/1993 s 13	1.1.1994
s 36
s 36(1)	(a) deleted by 6/2016 Sch 1 cl 9(1)	1.12.2016
s 36(2)	amended by 6/2016 Sch 1 cl 9(2)	1.12.2016
amended by 64/2017 s 79	22.10.2018
s 36(3)	amended by 6/2016 Sch 1 cl 9(3)	1.12.2016
Pt 4 Div 2 Subdiv 3 before deletion by 64/2017
s 40	substituted by 95/1993 s 14	1.1.1994
s 41	substituted by 95/1993 s 15	1.1.1994
s 42	amended by 95/1993 ss 16, 36 (Sch 3)	1.1.1994
s 43
s 43(1)—(3)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 43(4)	amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
s 43(5)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 43(6)	amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
s 43A	inserted by 95/1993 s 17	1.1.1994
s 44	deleted by 95/1993 s 18	1.1.1994
s 45
s 45(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 45(2)	deleted by 95/1993 s 19	1.1.1994
s 46
s 46(1)	substituted by 95/1993 s 20	1.1.1994
s 46(2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 46(3)	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
s 47	substituted by 95/1993 s 21	1.1.1994
s 48
s 48(1)	amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
s 48(2)	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
s 48(3)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 48(4)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 48(5)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 48(6)	amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
s 49
s 49(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 49(2)	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
s 50	amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
ss 50A and 50B	inserted by 95/1993 s 22	1.1.1994
Pt 4 Div 2 Subdiv 3	deleted by 64/2017 s 80	22.10.2018
Pt 4 Div 2 Subdiv 4 before deletion by 64/2017	heading amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 51
s 51(1) and (2)	substituted by 95/1993 s 23	1.1.1994
s 51(3)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
substituted by 95/1993 s 23	1.1.1994
s 51(3a)	inserted by 95/1993 s 23	1.1.1994
s 51(4)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 51(5)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
deleted by 95/1993 s 36 (Sch 3)	1.1.1994
s 51(6)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 52
s 52(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 52(2)	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
s 53	amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
ss 54 and 55	substituted by 95/1993 s 24	1.1.1994
s 56	amended by 95/1993 s 36 (Sch 3)	1.1.1994
Pt 4 Div 2 Subdiv 4	deleted by 64/2017 s 81	22.10.2018
Pt 4 Div 2 Subdiv 5	deleted by 21/1985 s 4(2) (Sch 2)	5.9.1985
Pt 4 Div 2 Subdiv 6	deleted by 21/1985 s 4(2) (Sch 2)	12.9.1985
Pt 4 Div 2 Subdiv 7	deleted by 21/1985 s 4(2) (Sch 2)	1.10.1985
Pt 4 Div 2 Subdiv 8 before deletion by 64/2017
s 73	deleted by 95/1993 s 25	1.1.1994
s 74	substituted by 95/1993 s 26	1.1.1994
s 75	deleted by 95/1993 s 26	1.1.1994
s 76
s 76(1)	s 76 amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
s 76 amended and redesignated as s 76(1) by 95/1993 ss 27, 36 (Sch 2)	1.1.1994
s 76(2)	inserted by 95/1993 s 27	1.1.1994
s 77	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
substituted by 95/1993 s 28	1.1.1994
amended by 6/2016 Sch 1 cl 10(1), (2)	1.12.2016
s 78	deleted by 95/1993 s 28	1.1.1994
s 79	deleted by 21/1985 s 4(2) (Sch 2)	1.10.1985
s 80	substituted by 95/1993 s 29	1.1.1994
s 81	deleted by 95/1993 s 30	1.1.1994
s 82	amended by 30/1988 s 7	1.9.1988
deleted by 95/1993 s 30	1.1.1994
s 83	amended by 79/1984 s 6	15.11.1984
deleted by 95/1993 s 30	1.1.1994
s 84
s 84(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 84(2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 33/1999 Sch (item 23(a))	1.7.1999
s 84(3)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 84(4)	substituted by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 84(5)	substituted by 95/1993 s 36 (Sch 3)	1.1.1994
s 85	deleted by 95/1993 s 31	1.1.1994
s 85	inserted by 4/2016 s 6	17.9.2016
Pt 4 Div 2 Subdiv 8	deleted by 64/2017 s 82	22.10.2018
Pt 4 Div 3	amended by 111/1976 s 17	7.4.1977
amended by 30/1988 ss 8, 9	1.9.1988
deleted by 95/1993 s 32	1.1.1994
Pt 5	deleted by 67/1981 s 7	2.5.1983
Pt 6
Pt 6 Div 1	heading substituted by 67/1981 s 8	2.5.1983
Pt 6 Div 1 Subdiv 1	heading substituted by 67/1981 s 8	2.5.1983
ss 92—97	deleted by 67/1981 s 9	2.5.1983
s 98	amended by 43/1979 s 31	5.7.1979
substituted by 67/1981 s 9	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 98(1)	amended by 64/2017 s 83	22.10.2018
s 99
s 99(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 99(2)	amended by 43/1979 s 32	5.7.1979
amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 84	22.10.2018
s 99(3)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 100
s 100(1)	amended by 67/1981 s 10	2.5.1983
s 100(2) and (3)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 101
s 101(2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 101(3)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
Pt 6 Div 1 Subdiv 2
s 103	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 104	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 104(1)	amended by 64/2017 s 85	22.10.2018
amended by 46/2019 s 11	1.5.2020
s 105
s 105(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 86	22.10.2018
s 105(3)—(5)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 106	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
ss 107 and 108	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 109
s 109(1)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
s 109(2), (3), (5) and (6)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 110
s 110(1) and (2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 110(3)	amended by 67/1981 s 11	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 110(6)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 111	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 111(1) and (3)	amended by 64/2017 s 87	22.10.2018
s 112
s 112(1)	deleted by 95/1993 s 36 (Sch 3)	1.1.1994
s 112(3)	amended by 67/1981 s 12(a)—(c)	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 112(4) and (5)	substituted by 67/1981 s 12(d)	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 112(7)	amended by 67/1981 s 12(e), (f)	2.5.1983
amended by 3/2008 Sch 4 cl 9	1.7.2008
s 112(8)	amended by 67/1981 s 12(g)	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 112(9)	amended by 67/1981 s 12(h)—(j)	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 112(9a)	inserted by 67/1981 s 12(k)	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 112(10)	amended by 67/1981 s 12(l), (m)	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 112(11)	substituted by 67/1981 s 12(n)	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 112(12)	amended by 67/1981 s 12(o)	2.5.1983
substituted by 95/1993 s 36 (Sch 3)	1.1.1994
s 112(13)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 17/2006 s 126	4.9.2006
Pt 6 Div 1 Subdiv 3
s 113	amended by 95/1993 s 36 (Sch 3)	1.1.1994
Pt 6 Div 1 Subdiv 4	heading amended by 67/1981 s 13	2.5.1983
ss 114—116	deleted by 67/1981 s 14	2.5.1983
s 117	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 117(1)	amended by 64/2017 s 88	22.10.2018
Pt 6 Div 2	amended by 43/1979 s 33	5.7.1979
deleted by 67/1981 s 15	2.5.1983
Pt 6 Div 3	heading amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 130	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 131
s 131(1)	amended by 67/1981 s 16	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 131(2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 132	deleted by 67/1981 s 17	2.5.1983
s 133
s 133(1)	amended by 67/1981 s 18	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 133(2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
Pt 6 Div 4
s 134	amended by 67/1981 s 19	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 135	substituted by 67/1981 s 20	2.5.1983
s 135(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 135(3)	deleted by 95/1993 s 36 (Sch 3)	1.1.1994
s 137	deleted by 67/1981 s 21	2.7.1984
s 138	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 139	deleted by 67/1981 s 22	2.5.1983
s 140	amended by 67/1981 s 23	2.5.1983
amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 46/2019 s 12	1.5.2020
s 141	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 142	amended by 43/1979 s 34	5.7.1979
amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 89	22.10.2018
Pt 6 Div 5
s 143	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 144
s 144(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 144(2)	deleted by 95/1993 s 36 (Sch 3)	1.1.1994
s 144(3) and (6)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 145
s 145(1)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 90	22.10.2018
s 145(2)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 145(3)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 146	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 148
s 148(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 148(2)	deleted by 95/1993 s 36 (Sch 3)	1.1.1994
s 148(3)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
Pt 6 Div 6
s 149
s 149(1) and (3)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 150	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 151	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 91	22.10.2018
s 152
s 152(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 153	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 154
s 154(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 154(2)	substituted by 67/1981 s 24(a)	2.5.1983
s 154(2a)	inserted by 67/1981 s 24(a)	2.5.1983
amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
s 154(3)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 154(4)	amended by 67/1981 s 24(b)	2.5.1983
amended by 95/1993 s 36 (Schs 2 and 3)	1.1.1994
Pt 6 Div 7
s 155
s 155(1)	s 155 amended and redesignated as s 155(1) by 67/1981 s 25	2.5.1983
(c) deleted by 67/1981 s 25(b)	2.5.1983
amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 33/1999 Sch (item 23(b))	1.7.1999
s 155(2)	inserted by 67/1981 s 25(d)	2.5.1983
amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 33/1999 Sch (item 23(c))	1.7.1999
s 156
s 156(1)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 33/1999 Sch (item 23(d))	1.7.1999
amended by 64/2017 s 92	22.10.2018
s 156(2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 157	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 157(2)	amended by 17/2006 s 127	4.9.2006
s 158	amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 93	22.10.2018
s 159	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 159(1) and (2)	amended by 64/2017 s 94	22.10.2018
s 160	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 160(1) and (2)	amended by 64/2017 s 95	22.10.2018
s 161	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 161(1) and (2)	amended by 64/2017 s 96	22.10.2018
s 162	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 163	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 97	22.10.2018
s 164	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 164(1)	amended by 64/2017 s 98	22.10.2018
s 165
s 165(1)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 165(2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 165(3)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 99	22.10.2018
s 166	amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 64/2017 s 100	22.10.2018
s 167	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 168	substituted by 67/1981 s 26	2.5.1983
s 168(1)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 168(2)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 56/2005 Sch 2 cl 22(1), (2)	1.7.2006
s 168(3)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 169
s 169(1)	substituted by 67/1981 s 27(a)	2.5.1983
amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 169(1a) and (2)	amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 169(3)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
amended by 56/2005 Sch 2 cl 23	1.7.2006
s 169(4)	substituted by 67/1981 s 27(b)	2.5.1983
substituted by 95/1993 s 36 (Sch 3)	1.1.1994
s 169(5)—(8)	amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 169(9)	substituted by 67/1981 s 27(c)	2.5.1983
amended by 14/1986 s 3(1) (Sch 4)	1.1.1990
amended by 95/1993 s 36 (Sch 3)	1.1.1994
s 169(10)	amended by 67/1981 s 27(d)	2.5.1983
amended by 14/1986 s 3(1) (Sch 4)