Family Endowment Act 1927 (NSW)
FAMILY ENDOWMENT ACT.
Act No. 39, 1927.
An Act to make provision for the benefit of children by means of endowment payable to mothers ; to provide for a Family Endowment Fund ; and for purposes connected therewith. [Assented to, 11th April, 1927.]
Endowment Act, 1927." (2) BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis-
Wales in Parliament assembled, and by the authority of the same, as follows:—
PART I.
PRELIMINARY.
1 . (1) This Act may be cited as the " Family
( 2 ) This A c t shall commence on a day to be
appointed by t h e Governor and notified by proc lamat ion publ i shed in t h e Gazet te . B u t the day shall no t be so notified unless and un t i l a l iv ing wage for male adu l t employees has been declared on the r equ i r emen t s of a m a n and wife wi thou t chi ldren.
2 . This A c t is divided in to P a r t s as follows :—
P A R T I . — P R E L I M I N A R Y — S s . 1 - 3 . P A R T I I . — A D M I N I S T R A T I O N — s s . 4 - 1 1 .
P A R T I I I — F A M I L Y E N D O W M E N T S — S S . 1 2 - 3 S .
D I V I S I O N 1 . — A m o u n t of endowment—ss. 1 2 - 1 4 .
D I V I S I O N 2 . — E n d o w m e n t claims—ss. 1 5 - 3 0 . D I V I S I O N 3 . — P a y m e n t of endowments—ss. 3 1 - 3 8 .
P A R T I V . — F A M I L Y E N D O W M E N T F U N D — s s . 3 9 - 1 3 .
P A R T V . — O F F E N C E S — S S . 4 4 , 4 5 . P A R T V I . — M I S C E L L A N E O U S — s s . 4 6 - 4 8 .
| 3 . | I n | th is | Ac t , | unless | the | con tex t | otherwise |
r equ i r e s ,—
" Child " means a child under the age of four teen
years b u t does not inc lude—
(a) an illegitimate child save as expressly
provided in th is A c t ; or (b) any child who is not in fact maintained as a m e m b e r of the family of t he
c l a i m a n t ; or (c) any child in respect of whom a pension
or p a y m e n t in t h e n a t u r e of a pension
out of publ ic moneys is payable u n d e r
t h e Widows ' Pensions Act , 1 9 2 5 , or unde r any A c t of Pa r l i amen t of t h e Commonwea l th or of this Sta te , save as expressly provided in this A c t ; or
(d)
(d)
any child in respect of whom an allow ance is payable in pu r suance of a n y regu la t ion m a d e u n d e r t h e Common
wea l th Pub l i c Service Act , 1922-1924 , or in pu r suance of any award or agree m e n t made u n d e r t h e Arb i t r a t ion (Publ ic Service) Act , 1920 ;
(e)
the child of an alien father unless the chi ld was born in Aus t ra l i a ;
(f) t h e chi ld of a n Asia t ic fa ther unless
t h e child was born in A u s t r a l i a ;
(g)
the child of a father who is an abor iginal na t ive of Africa, the is lands of t he Pacific, or N e w Zealand un less
t h e chi ld was born in Aus t ra l i a .
" Chi ldren " has a cor responding m e a n i n g , and is subject to corresponding l imi ta t ions .
" Claim " means a c laim for a fami ly e n d o w m e n t
u n d e r th is Act , and " C l a i m a n t " has a corre
spond ing m e a n i n g .
" C o m m i s s i o n e r " means t h e Commissioner of Fami ly E n d o w m e n t appoin ted unde r th i s Act .
" D e p u t y R e g i s t r a r " m e a n s a depu ty reg is t ra r of
family e n d o w m e n t appointed u n d e r or ho ld ing such office by v i r tue of th is Ac t .
" E m p l o y e e " means person employed w h e t h e r on salary or wages or piece-work ra tes , or as m e m b e r of a b u t t y gang , b u t shall no t inc lude
a m e m b e r of a family in t he e m p l o y m e n t of a
p a r e n t , and the fact u n d e r a con t rac t for l abour only, or subs tan
t h a t a person is work ing
t ia l ly for l abour only, or as lessee of any tools or o the r imp lemen t s of product ion , or any vehicle used in t h e del ivery of goods, shal l n o t in itself p reven t such person be ing held to be
a n employee .
" E m p l o y e e " also includes insu rance and
t i m e - p a y m e n t canvassers or collectors paid
whol ly or in p a r t by commission, a n d t imber -
ge t te rs w h e t h e r paid by wages or a t piece work r a t e s ; b u t " e m p l o y e e " does not inc lude a n y person employed in domestic service, or
whose
whose employment is casual or i n t e rmi t t en t and who is employed otherwise t h a n for t he purposes of his employer ' s t rade or business .
" E m p l o y e r " means person, firm, company, or corpora t ion employ ing persons , w h e t h e r on behalf of himself or itself or a n y o ther person or on behalf of the Gove rnmen t of t h e
S ta te o r any s ta tu tory au thor i ty , a n d wi thou t l imi t ing t h e general i ty of t h e foregoing pa r t of this definition, includes t he Commis sioners for Ra i lways for N e w South W a l e s ,
t he Sydney H a r b o u r T r u s t Commissioners , t h e
Met ropol i tan W a t e r , Sewerage and Dra inage
Board, t he H u n t e r Dis t r ic t W a t e r Supply and
Sewerage Board, and any council of a
munic ipa l i ty or shire.
W h e r e an employer is res ident out of t h e Sta te , t he t e r m shall be deemed to inc lude a person to w h o m the m a n a g e m e n t of the affairs of t h e employer re la t ing to his employees wi th in the S ta te is for the t ime being commit ted .
" F u n d " means t h e Family E n d o w m e n t Fund
established u n d e r th is A c t .
" M a g i s t r a t e " means a police or s t ipendiary mag i s t r a t e .
" M o t h e r " includes a s tep-mother and the wife of a person suppor t ing a legal ly adopted child, and in relat ion to a child who has no mothe r or s t ep-mother l iv ing, or who is not l iv ing wi th his mo the r or s tep-mother , includes t h e person "who has t he legal custody of and is
ac tua l ly m a i n t a i n i n g t h e child.
" P r e s c r i b e d " means prescr ibed by th is Ac t or by
regula t ions m a d e the reunder .
" Reg i s t r a r " means t h e regis t rar of family endow
m e n t appoin ted unde r this Ac t .
" R e g u l a t i o n s " means regula t ions made u n d e r this A c t
" W a g e s bonuses , commissions, and salaries. " include r e m u n e r a t i o n for p iece-work, P A R T
P A R T I I . A D M I N I S T R A T I O N .
(1) The Governor m a y appoin t a Commissioner of F a m i l y E n d o w m e n t , who , subject to t h e control of t h e Minis te r , shall have t he execut ion and admin is t ra t ion of
4 .
th i s Ac t .
( 2 ) T h e provisions of t he P u b l i c Service A c t , 1 9 0 2 ,
shal l no t apply to such appo in tmen t . (3) The salary of t he commiss ioner shall be fixed b y t h e Governor , and shal l be payable out of t he
Fami ly
E n d o w m e n t F u n d . (4) A commissioner shal l be appointed for a t e r m of seven years, a n d shal l be eligible for
r eappo in tmen t
for a l ike t e r m .
(5) T h e commiss ioner shal l be a " p e r m a n e n t
h e a d " wi th in t h e m e a n i n g of t h e Pub l i c Service A c t ,
1 9 0 2 , and any A c t amend ing t h e same. (0) A commissioner may be suspended from his
office by t h e Governor for misbehaviour or incompetence , b u t shal l no t be removed from office excep t in
m a n n e r fol lowing, t h a t is to say :— The Minis te r shall cause to be laid before Par l ia
m e n t a full s t a t e m e n t of the g rounds of
suspension w i th in seven s i t t ing days after
such suspension if P a r l i a m e n t is in session
or if no t t h e n w i th in seven s i t t ing days after
t h e c o m m e n c e m e n t of t he n e x t session. A commissioner suspended u n d e r th i s subsection shall be restored to office unless each House
of P a r l i a m e n t wi th in twenty-one days f rom
t h e t ime w h e n such s t a t emen t has been laid
before such H o u s e declares by resolut ion t h a t t h e commissioner o u g h t to be removed f rom
office, a n d if each such H o u s e wi th in the t ime aforesaid does so declare, t h e commissioner shall be removed by the Governor accordingly .
(7) A commiss ioner shall be deemed to have vacated his office if h e —
(a)
engages in New South W a l e s d u r i n g his t e r m of office in any paid employmen t outs ide t h e dut ies of his office ;
(b)
(b)
becomes b a n k r u p t , compounds wi th his creditors, or makes an ass ignment of his salary
or estate for the i r benefi t ; (c)
absents himself from duty for a period of fourteen consecutive days excep t on leave g ran ted by the Governor ;
(d) becomes an insane person or patient or an
incapable person wi th in t he m e a n i n g of t he
L u n a c y Act , 1898 ; (e)
resigns his office by writing under his hand addressed to the Governor.
(8) A commissioner who a t t he da te of his appo in tmen t is an officer of the Pub l i c Service
(a) shall in the event of his office as commissioner be ing discontinued or abolished be eligible on the recommenda t ion of t h e Pub l i c Service Board to be appoin ted to some office in the Pub l i c Service not lower in classification and salary t h a n tha t which he held a t the da te of
his appo in tmen t as commiss ioner ; and (b) shall while such commissioner continues to con t r ibu te to the Superannua t ion F u n d be ent i t led to all the benefits under the Super annua t ion Act , 1916, as amended by subsequent Acts , to which he is ent i t led as such con t r ibutor . (9)
The Governor may , u p o n the r ecommenda t ion of t he Publ ic Service Board, appoin t a Reg i s t r a r of F a m i l y E n d o w m e n t and such officers as are necessary for the adminis t ra t ion of th i s Act . N o such appoint m e n t shall be made wi thou t the concurrence of t he
commissioner.
(10) 1 he regis t rar and officers shal l receive such remunera t ion and al lowances as shall be fixed by the Pub l i c Service Board, and shall be subject to t he provisions of the Pub l ic Service Act , 1902, du r ing the i r
t e n u r e of office.
(11) E v e r y person appointed unde r or hold ing office by v i r tue of this Act who wi thou t lawful excuse reveals any m a t t e r or t h i n g which has come to his knowledge in his official capaci ty shall be gui l ty of a misdemeanour , and shal l be l iable to impr i sonment for a t e rm no t exceeding two years.
(12)
(12) F o r the purpose of ca r ry ing out the powers , dut ies , au thor i t ies and obl igat ions imposed upon t h e commissioner by th is or any o the r Ac t , the commis sioner may, w i th t h e approva l of t he Min is te r of t h e
d e p a r t m e n t concerned, m a k e use of t h e services of any of t h e officers and employees of t h e Pub l ic Service.
(1) The Governor may , from t ime to t ime, appoin t such persons as he t h i n k s fit, n o t exceeding th ree in
5 .
n u m b e r , to form an advisory commi t tee . (2) Such commit tee shall exercise such powers and dut ies and receive such fees and al lowances as m a y be prescribed.
6 . (1) The Governor may appoin t such c lerks of
pe t t y sessions as he considers necessary to be d e p u t yregis t rars of family endowment s w i th in t h e Met ropol i tan ,
P a r r a m a t t a , and Newcas t le police dis tr icts . (2) I n o ther par t s of the S ta te t he officer for t he
t i m e be ing pe r fo rming t h e dut ies of c lerk of pe t t y
sessions shall by v i r tue of th i s A c t and w i t h o u t a n y
fu r the r a p p o i n t m e n t be a depu ty reg is t ra r of family e n d o w m e n t s .
(3) The Governor m a y appoin t any o ther person to be depu ty reg is t ra r for any dis t r ic t in l ieu of t h e c lerk of pe t ty sessions in which case t he clerk of p e t t y sessions shall no t ac t as depu ty reg is t ra r for t h a t distr ict .
( 4 ) A d e p u t y reg is t ra r shal l have such powers as
a rc prescribed or as are delegated e i ther genera l ly or in
a pa r t i cu la r case or class of cases by the commissioner .
7 . (1) The commissioner, t h e regis t rar , and a n y
depu ty reg is t ra r may , for the purposes of th i s A c t — (a) s u m m o n wi tnes ses ; (b) receive evidence on oa th ; and
(c) require t he p roduc t ion of documen t s .
(2) The reg is t ra r shal l have such powers as are prescr ibed or as are delegated e i ther genera l ly or in a par t i cu la r case by t h e commissioner, and shall per form such dut ies and discharge such functions as a re
prescr ibed or as t h e commissioner may di rec t .
8 . A n y person who has been summoned to appear as a witness before t he commissioner, the regis t rar , o r a depu ty reg is t ra r and who, wi thou t lawful excuse, a n d , after t ender of reasonable expenses, fails to appear in obedience to t he summons shall be gui l ty of an offence
| aga ins t | th i s | Act . |
| 9 . A n y person who appears before the commissioner, t h e regis t rar , or a depu ty regis t rar as a witness and | who, |
w i t h o u t lawful excuse, refuses to be sworn, or to m a k e an affirmation, or to produce documents , or to answer quest ions which he is lawfully requi red to answer shall be gu i l ty of an offence agains t th is Act .
1 0 . I t shall be t he du ty of each depu ty reg is t ra r— (a) to receive claims ;
(b) to inves t iga te claims as prescribed ; (c) generally, to keep such books and registers, a n d do all such th ings as a rc prescribed. 1 1 . The commissioner, t he regis t rar , and all deputy
regis t rars shall, before en te r ing upon their dut ies or exercis ing any powers u n d e r th i s Ac t , m a k e a s t a tu to ry
| declarat ion in accordance wi th t he prescr ibed | form. |
P A R T I I I .
F A M I L Y E N D O W M E N T S .
D I V I S I O N 1 .—Amount of endoioment.
1 2 . (1) Subject to th i s Act , t he re shall be paid to
every mo the r in respect of each child an endowment
for h is main tenance , t r a in ing , and advancemen t a t t he
ra t e of live shill ings per week.
(2) W h e n any child u n d e r t he age of four teen
| years | is | a n | i n m a t e | of any | char i tab le ins t i tu t ion | the re |
| shal l be paid in respec t of t h a t child | a l ike endowment , |
| b u t | so t h a t | no t more | t h a n | one e n d o w m e n t | shal l be paid |
in respect of each such child. The person to m a k e the c la im a n d to be paid the endowmen t shal l be as prescribed.
1 3 . (1) I n any case where t h e commissioner is satisfied t h a t a child in respect of whom an endowmen t has been paid unde r this Act is, by reason of any physical or m e n t a l defect, to ta l ly incapaci ta ted from ea rn ing a l iving, an endowment in respect of such child may cont inue to be paid for such period no t exceeding two years as t h e commissioner t h inks fit, no twi ths t and ing t h a t such child may have a t ta ined the age of fourteen years .
(2) W h e r e in t he opinion of t he commissioner
t h e c i rcumstances of any case r ender it desirable to do so,h e m a y au thor i se t h e p a y m e n t of a n endowment unde r
th is Act in respect of an i l legi t imate child in t he same m a n n e r as if such child were a l eg i t imate child. (3) The commissioner shall not author ise any
p a y m e n t u n d e r subsect ion two of th is section—
(a) where there is in force any order for the pay m e n t in respect of t he child of a sum for his ma in t enance and educat ion, m a d e u n d e r t h e
Child Wel fa re Ac t , 1923, or a n y A c t replaced by
t h a t Act , and such order is be ing complied w i t h ; (b) unless the commissioner is satisfied that all reasonable steps have been t aken to app ly for
such an o rde r ; (c) unless the commissioner is satisfied that all reasonable s teps have been t aken to enforce
any such o r d e r ; (d) where there is in existence any agreement for
t he p a y m e n t of such a sum and t h e ag reement
is be ing carried o u t ; (e) unless the commissioner is satisfied that all reasonable steps arc be ing t aken to enforce any
such a g r e e m e n t ; (f) if in the exercise of his discretion he is of
opinion on the mer i t s of t h e case t h a t such
p a y m e n t o u g h t n o t to be made .
(4) Subject to section four teen of th is A c t when a pension is be ing paid unde r t he W a r Pensions Ac t , 1914-191G, on account of a child unde r t he age of four teen years of a m e m b e r of t he Forces an endowment shall be payable unde r th is Act in respect of such child, b u t only of such a s u m as toge ther wi th t he pension will a m o u n t to five shill ings per week for such child.
1 4 . ( 1 ) N o endowment shall be payable u n l e s s —
(a) the mother is on the date when a claim for
e n d o w m e n t is made residing and has he r home in N e w South W a l e s , and has been con t inuous ly so res iding for a period of two years
immedia te ly preceding t h a t da te ; and (b) the child in respect of whom the endowment is claimed is and has been res ident in N e w Sou th Wales for no t less t h a n two years , or if unde r the age of two years, was born in N e w
South Wales .
Res idence or cont inuous residence shal l not be deemed to have been i n t e r rup t ed by occasional absences no t exceeding in t h e aggrega te six weeks or by a longer absence if the c la imant proves to the satisfaction of the magis t ra te t h a t du r ing the period of such absence t he child or home of the c la imant was in N e w South Wales.
(2) N o certificate for e n d o w m e n t shall be issued
in any case w h e r e — (a) the family income in the twelve months immedia te ly preceding the date of t he claim exceeded the aggrega te of the following amoun t s , namely :—the a m o u n t for one year of t he l iv ing wage based on the r equ i r emen t s of a m a n and wife wi thou t chi ldren and for the t ime being in force and appropr ia te to t h e case and the a m o u n t of th i r t een pounds for each child in the family ; or (b) if the mag i s t r a t e is satisfied t ha t the c la imant or his spouse has direct ly or indirect ly deprived himself of proper ty or income in order to qualify for or obtain an endowment .
( 3 ) W h e r e the family income would by the
issue of a certificate of endowment be increased beyond the aggrega te men t ioned in p a r a g r a p h (a) of sub section two of this section the certificate shal l be issued for such an a m o u n t only as will wi th t he a m o u n t of the family income for t h e twelve mon ths immedia te ly preceding the da te of the claim a m o u n t to t h a t aggrega te .
(4) Tor the purposes of th is Act " family income " means t he combined incomes of a c la imant , his spouse, and chi ldren under the age of fourteen years, a r i s ing from any source whatsoever , whe the r in or out.
Of
of the Sta te , a n d income includes any money , va luable considerat ion, or profits earned, derived, or received by or to which any such person is ent i t led for his own use a n d benefit, and w i t h o u t l im i t i ng t h e genera l i ty of t h e foregoing pa r t of this definition shal l be deemed to inc lude—
(a) any weekly p a y m e n t u n d e r t h e W o r k e r s ' Compensa t ion Act, 1296, or other law re la t ing
to w o r k m e n ' s c o m p e n s a t i o n ; (b)
any e n d o w m e n t unde r th i s A c t ; (c) five per centum of the value of any real or personal p rope r ty owned by the c la imant , or his spouse, o ther t h a n the residence in which he resides, or his fu rn i tu re and personal effects there in , or by his chi ldren u n d e r the age of four teen years , and which produces no income or produces a n income of less t h a n five per
c e n t u m per a n n u m ; (d) moneys derived or received from investments of capi ta l wherever invested ; (e) a n y a m o u n t appl ied for t he m a i n t e n a n c e or educat ion of any child under t he age of four teen years by t he admin i s t ra to r of any estate , t h e
executor of any will , or t he t rus t ee of a n y
se t t l ement , or paid to a c l a iman t for such purpose ;
B u t shal l no t i nc lude—
(a) a n y p a y m e n t by way of sick a l lowance or funera l benefit from any association or society;
nor
(b) any money received under an insurance policy
on the des t ruc t ion or damage by fire or o ther- wise of a bu i ld ing or o the r proper ty of a n y
n a t u r e ; nor (c)
any l u m p sum p a y m e n t u n d e r any law re l a t ing
to workers or w o r k m e n ' s compensat ion, or a n y
g ra tu i ty paid unde r a n y A c t r e l a t ing to super
annua t ion ; nor
(d) t he ea rn ings of a chi ld u n d e r t h e age of four
teen y e a r s ; nor
(e) the earnings of a mother from casual employ
m e n t ; nor
(f)
(f) the earnings of an employee for overtime in
his usual e m p l o y m e n t ; nor
(g) a n y a m o u n t received as pension u n d e r t h e W a r Pensions Ac t , 1914-1916, in respect of a m e m b e r of t h e Forces or his wife or as t h e widow of such a member .
I n any case where t he income is derived otherwise t h a n from wages t he mag i s t r a t e shal l deduc t an a m o u n t equa l to t h e a m o u n t which in his opinion has been expended in t h e product ion of t h a t income.
(5) I n the case of chi ldren in a char i tab le ins t i tu t ion t he income of t he ins t i tu t ion shal l no t be t aken in to account in de t e rmin ing whether a n y endow m e n t shall be paid in respect of any par t i cu la r child or in de t e rmin ing the a m o u n t of the endowment , b u t t he family income shal l be the combined incomes of t h e
| pa r t i cu la r | child a n d | of | his pa ren t s | (if any) . |
D I V I S I O N 2 .—Endotomeut claims.
1 5 . (1) Eve ry person c la iming a family e n d o w m e n t
shal l , in t he prescribed manne r , deliver or send a c la im therefor to t he depu ty reg is t ra r whose office is neares t the place of abode of such person.
(2) T h e claim shall be in accordance wi th t h e prescribed form, and shall affirm all t he qualifications and requ i rement s and negat ive al l t h e disqualif ications u n d e r this Ac t , and shal l set ou t t he place of abode a n d l eng th of residence the re in of t h e c la imant , a n d the
| place or places of abode of t he | c l a iman t d u r i n g | t h e |
| previous | twelve m o n t h s , and | such | o ther | par t icu la rs | as |
| a re | prescribed. |
(3) Every c la imant shal l , b y s t a tu to ry declara
t ion to be indorsed on the claim, declare t h a t t he con ten ts of t he claim are t r u e a n d correct in every par t i cu la r , and if in t h e declara t ion or c la im t h e
| c l a iman t | wilfully | makes | any | s t a t e m e n t | which | is | u n t r u e |
| in | any | par t i cu la r , | the c l a iman t | shal l be | gui l ty | of | a n |
| offence aga ins t this | Ac t . |
(4) A c la im may be w i t h d r a w n a t a n y t ime by
a not ice of wi thdrawal , sent by t he c l a iman t to t h e depu ty reg is t ra r to w h o m the claim was delivered or sent .
1 6 . (1) U p o n receipt of a c la im t h e depu ty regis t rar
shal l cause to be made such invest igat ions as appear t o h i m desirable, or as a re directed by t h e commissioner, in order to ascer ta in the c i rcumstances of t he c la imant and
t h e t r u t h of t h e s t a t emen t s in t h e claim.
(2) The depu ty reg is t ra r m a y in t h e prescribed
m a n n e r requi re any person, w h o m he believes to be in a posit ion to do so, to furnish to h im, for submission to t h e magis t ra te , a confidential repor t as to t h e c i rcumstances of any c l a i m a n t ; and any person who, on being requi red to do so by the depu ty regis t rar , fails to furnish a repor t w i th in a reasonable t ime , or furnishes a repor t conta in ing
a n y s t a t emen t wh ich is u n t r u e in any par t i cu la r , shal l be gu i l ty of an offence aga ins t th is Ac t .
1 7 . (1) U p o n t h e complet ion of his inves t iga t ions
t h e depu ty regis t rar shall refer the c la im, toge ther w i th
a full repor t of t he resu l t of t h e inves t igat ions which
have been made , t o a mag i s t r a t e .
(2) The depu ty regis t rar shall notify t h e
c la imant of the t ime w h e n and place whe re t he c l a i m a n t
is r equ i red to a t t end to suppor t t h e claim.
(3) The mag i s t r a t e m a y dispense wi th t h e
a t t endance of t h e c l a iman t where he is satisfied t h a t the re is sufficient reason for such non-a t t endance .
1 8 . (1) On t h e day so notified, or on any subsequen t
day, t h e magis t r a t e m a y proceed to invest igate t h e c la im for t he purpose of a sce r t a in ing w h e t h e r t h e c la imant is ent i t led to a family endowment , and if so,
a t w h a t a m o u n t .
(2) Al l inves t igat ions by t h e mag i s t r a t e shal l be made in t h e locali ty wherein t h e c l a iman t resides, or as near there to as p rac t icab le , and shal l be m a d e in
chambers . (3) I n order to ascer ta in t he c i rcumstances of
t h e c la imant , evidence m a y b e t a k e n a t t he hea r ing from a n y persons whomsoever.
(4) I n inves t iga t ing t he c la im t h e m a g i s t r a t e
shal l n o t be bound by any rules of evidence, b u t shall inves t iga te t h e m a t t e r a n d m a k e his recommendat ion, according to equ i ty , good conscience, and the subs tan t ia l mer i t s of t he case, w i t h o u t r ega rd to technical i t ies or legal forms.
| 1 9 . (1) Subjec t to the following provisions of this sect ion, the magis t r a t e | may , | as he deems | equ i t ab l e— |
(a) recommend the claim as made, or as modified
by the resul t of his inves t iga t ions ; or (b) postpone the claim for fur ther evidence ; or
(c) r ecommend t h e rejection of t he claim ;
b u t no claim shal l be r ecommended unless t he magis - trate is satisfied t h a t t h e claim is established and unless t he evidence (if any) of t he c l a iman t is corroborated on all ma te r ia l points by documen ta ry information or oral evidence.
(2) If it appears to t h e magis t ra te t h a t t h e
c la imant , a l t hough otherwise qualified for, is unfit to be en t rus ted wi th a family endowment , he shall m a k e a special r epor t in or to t he effect of t h e prescr ibed form.
(3) I f the magis t ra te is of opinion tha t , a l t hough
t h e claim is not complete ly established, fur ther evidence may be adduced in suppor t thereof, or it may be mended by lapse of t ime, t he mag i s t r a t e shall , if t he c l a iman t so desires, postpone the invest igat ion, and in such case all m a t t e r s as to which the magis t ra te is satisfied shall be recorded as p r o v e d : Provided tha t fu r the r evidence may be adduced in respect of any ma t t e r s recorded as proved.
(4) If the magistrate; is of opinion t h a t t he claim is not established, and canno t be mended by fu r ther evidence, or by pos tponement of the invest i gat ion for a reasonable t ime , the magis t r a t e shal l r ecommend the reject ion of the claim, a n d w h e n so doing shall specify in wr i t i ng all the mater ia l points which he finds to be respectively proved, disproved, and
| unproved or insufficiently proved. |
2 0 . (1) I n respect of ma t t e r s found by the magis
t r a t e to be disproved, t he c la imant may in t he t ime and in t h e m a n n e r prescr ibed appeal to t h e commissioner, whose decision shall be final and conclusive and wi thou t appeal .
(2) I n respect of ma t t e r s found by t h e magis
t r a te to be s imply unproved or insufficiently proved, the c la imant m a y a t any t ime thereaf ter , first g iv ing the
| depu ty regis t rar th ree days ' notice, adduce before | t h e |
| mag i s t r a t e fresh evidence, and in such case | all mater ia l |
points
poin t s previously found by t h e magis t ra te to be proved shal l be deemed to be es tabl ished, a n d the mag i s t r a t e shall dispose of all o the r points as in t he case of a new claim.
2 1 . (1) T h e r ecommenda t ion of t h e magis t r a t e a s to t h e claim shall be indorsed on the claim, which shall
t he reupon be re turned to t h e depu ty regis t rar .
(2) The depu ty reg is t ra r shall for thwith t r a n s m i t
t h e c la im as indorsed, t oge the r w i th t h e prescr ibed
par t i cu la rs for identification of t h e c la imant , and such
o the r par t icu la rs as a re prescribed, to t he commissioner , who shal l de te rmine the appl icat ion.
(3) T h e de te rmina t ion of the commissioner shal l ,
if i n favour of t h e c la im, set ou t the a m o u n t of t h e endowment and the da te of i ts commencemen t , and a certificate in t he prescr ibed form shal l t he r eupon be
issued to the c l a iman t . (4) If the de te rmina t ion of t he commissioner is adverse to t h e claim, t h e c l a iman t shall be notified accordingly .
2 2 . A t t he reques t of t h e commissioner a mag i s t r a t e
m a y rehear a claim previously admi t t ed or rejected, and t h e commiss ioner may , if he t h inks fit, a m e n d a n y
certificate so as to accord w i t h t h e r ecommenda t ion
m a d e by the magis t r a t e af ter t h e rehear ing . U p o n t h e
r ehea r ing t h e magis t r a t e shal l have t he same powers
as upon t h e original hear ing . 2 3 . (1) The commiss ioner m a y a t any t i m e cancel ,
suspend, or reduce a n y endowment if he considers i t
expedient so to do.
(2) W h e r e a n y decision cancel l ing, suspend ing ,
or r educ ing
section t h e commiss ioner shall indorse t he cert if icate an e n d o w m e n t has been given u n d e r t h i s accordingly .
2 4 . (1) I n any case whe re a certificate is cancel led
t h e e n d o w m e n t shal l be deemed to be absolu te ly forfeited.
(2) E v e r y appl ica t ion for a new certificate
m a d e by a person whose e n d o w m e n t has been forfeited shal l be subject in al l respects to t h e same provisions as if no former e n d o w m e n t h a d been g ran t ed to t h a t person .
2 5 . (1) D u r i n g the period a certificate has been
suspended all i n s t a lmen t s wh ich would otherwise become
due a n d payable d u r i n g such period shal l be forfeited. (2) If any period of suspension is such as to ex tend beyond t h e expirat ion of t he year in which the order of suspension is made t h e order shall apply so far as regards t he residue of t h a t period to a n y endowmen t certificate issued for t he n e x t succeeding year .
2 6 . (1) W h e n e v e r requi red by the commiss ioner each c la imant shall send to the commissioner a s t a tement
in t h e prescribed form re l a t ing to his family income.
(2) If u p o n inves t iga t ion the commissioner is
satisfied t h a t the e n d o w m e n t should be discont inued, or t h a t t he a m o u n t of t h e e n d o w m e n t is g rea te r or less t h a n i t should be, he m a y discont inue the endow m e n t or reduce or increase the a m o u n t of endowmen t accordingly .
2 7 . (1) Eve ry mag i s t r a t e m a y , for t he purposes of
any inves t igat ion or inqui ry unde r th is A c t —
(a) s u m m o n wi tnesses ; (b) receive evidence on o a t h ; a n d (c) requ i re t h e p roduc t ion of documents .
(2) A n y person w ho has been s u m m o n e d to
appea r as a witness before a mag i s t r a t e and who,
w i t h o u t lawful excuse, a n d after t ender of reasonable
expenses , fails to appear in answer to t h e s u m m o n s ,
shal l be gu i l ty of a n offence aga ins t this Ac t .
(3) A n y person who appears before a magis t ra te
as a witness a n d who, w i t h o u t lawful excuse, refuses to be sworn, or to m a k e a n affirmation, or to p roduce documents , or to answer quest ions w h i c h he is lawful ly
r equ i red to answer , shall be gu i l ty of a n offence agains t th i s Act .
2 8 . On appl ica t ion in t h e prescribed form, t h e commissioner m a y direct the issue of a dupl icate certificate in a n y case where satisfactory proof is given of t he loss or des t ruc t ion of t he original .
2 9 . (1) A certificate shal l be issued only for t h e
p a y m e n t of endowment for a period of n o t more t h a none year from the da te of commencemen t specified in
t h e certificate. (2)
(2) A certificate shal l be signed by the commis
sioner or t h e reg is t ra r and counters igned b y such officer as m a y be appoin ted by the Minis te r in t h a t behalf.
(3) I n t h e absence from d u t y f rom a n y cause
of t he commissioner or t h e regis t rar , t he Min is te r m a y appoin t some officer to s ign t h e certificate.
( 4 ) Unless t h e c i rcumstances otherwise requ i re
t h e ins ta lments of endowment shall be paid for tn igh t ly . (5) T h e certificate shall in each case specify t h e a m o u n t of t he e n d o w m e n t payable the reunder , t h e ins ta lmen t s by which i t is to be paid, t he office or place of p a y m e n t , a n d such o the r par t icu lars as m a y be prescr ibed.
(6) The office or place of p a y m e n t may be changed from t i m e to t i m e in the prescribed m a n n e r , and every such change shal l be recorded by t h e regis t rar on the certificate.
3 0 . (1) A t least one m o n t h before t he due da te of
t h e las t i n s t a lmen t of endowmen t au thor ised to be paid by a certificate, or a t such earlier t ime as m a y be prescribed, t h e holder of t he certificate may apply in t he m a n n e r prescr ibed for a certificate for a fu r the r period.
(2) W i t h t he appl icat ion, which shal l be lodged
wi th t he depu ty reg is t ra r whose office is neares t t h e place of abode of t he appl icant , the re shal l be lodged a s t a t emen t in t h e prescr ibed form (verified by s ta tu tory
declarat ion) se t t ing out such par t iculars as m a y be
prescr ibed to show t h a t t h e appl ican t is qualified to
receive a n e n d o w m e n t and has not f rom any cause become disqualified.
(3) The appl ica t ion for a certificate for a fu r the r
period shal l be deal t w i th in l ike m a n n e r to t h a t
prescribed for deal ing wi th an or iginal claim, save t h a t , w i t h t h e approval of t he commissioner, t he reference to
a mag i s t r a t e m a y be dispensed w i th .
D I V I S I O N 3 . — P a y m e n t of endowments.
3 1 . (1) Subjec t to th i s Ac t , each i n s t a l m e n t shall be appl ied for and payable a t any t i m e wi th in t w e n t y - one days after i t s due date on the personal appl ica t ion of t h e person ent i t led there to , and the produc t ion of his certificate to t he officer in cha rge a t the office or place
named there in .
(2)
(2) I n default of s t r ic t compliance wi th the provisions of t h e last p receding subsection, t h e instal m e n t shal l be deemed to be forfeited unless the for fe i ture is waived as provided in the nex t following subsect ion.
(3) The commissioner, regis t rar , or a depu ty
| reg is t ra r m a y waive a n y such forfeiture | in any case |
| whe re after invest igat ion he is satisfied— |
(a)
that, if the forfeiture was occasioned by default of personal appl icat ion for paymen t , or of appl icat ion wi th in t he prescribed t ime, t he default was due to illness or debil i ty or t em porary absence from the locality in which the endowment is payable , or o ther sufficient
c a u s e ; or (b)
that, if the forfeiture was occasioned by default in p roduc ing the certificate, t he default was due to its be ing lost or destroyed.
(4) I t shall not be lawful for t he regis t rar or a
depu ty regis t rar to waive t he forfeiture of any ins ta lment
unless waiver of such forfeiture is applied for wi th in t h e
| prescribed | t ime . |
3 2 . Eve ry ins ta lment shall be absolutely forfeited and no certificate shall be g ran ted —
(a) d u r i n g any period while the person to whom the certificate has been g ran ted resides out of N e w Sou th W a l e s : Provided t h a t residence in New South Wales shall not be deemed to have been in te r rup ted by occasional absence theref rom
if t he commissioner is satisfied t ha t d u r i n g such
absence the family or home of the said person was in N e w South Wales ;
(b)
as from the date the person to whom the certificate is g ran ted becomes qualified to receive a widow's pension, or an al lowance in respect of any child payable in pu r suance of any regula t ion made under the Commonwea l th Publ ic Service Act , 1922-1924, or in pursuance of any award or agreement made under the
Arbi t ra t ion (Publ ic Service) Act, 1920.
3 3 . Subjec t to th is Ac t , an e n d o w m e n t shal l be absolutely inal ienable whe the r by way or in consequence of sale, a s s ignment , charge , execut ion, bank rup t cy , or otherwise howsoever.
3 4 . (1) E v e r y endowmen t shal l he deemed to he
gran ted , and shal l be held subject to all t h e provisions of this Ac t , and to t he provisions of a n y o ther A c t a m e n d i n g or repeal ing or in subs t i tu t ion for th is A c t which may a t a n y t ime be passed, and no person shal l have any claim for compensat ion or otherwise by reason of his e n d o w m e n t be ing affected by the operat ion of this A c t or any such other Ac t .
( 2 ) A notification of t h e last preceding sub
section shall be p r in ted on every certificate.
3 5 . (1) W h e r e the commissioner is satisfied tha t , h a v i n g regard to t he age, infirmity, i l l -heal th, insani ty , or improvidence or o ther reasonable cause of disqualifi cat ion of a person to w h o m a certificate is gran ted , or any special c i rcumstances of such person or t h e chi ld , it is expedient t h a t p a y m e n t of any ins ta lmen t s of t h e endow m e n t be m a d e to a n y o the r person, a w a r r a n t to t h a t effect shall be issued by the commissioner , and t r ansmi t t ed to
t h e person author ised therein to receive p a y m e n t .
(2) Subject to t h e regu la t ions , and to t h e
direct ions and l imi ta t ions , if any, conta ined in t he warrant , t h e person n a m e d there in shall be ent i t led on
its p roduc t ion to receive p a y m e n t of t h e endowment . ( 3 ) T h e moneys so received shall be applied by
h i m for t h e benefit of t h e child in respect of w h o m the endowment was granted , and he shall account to t he commissioner in the prescribed m a n n e r for all moneys so
received by h im. (4) A w a r r a n t issued by the commissioner unde r th i s section m a y a t any t ime be revoked by the commis sioner upon not ice to the person to w h o m i t was issued, and to the officer in cha rge of t h e office or place a t w h i c h
t h e e n d o w m e n t is payable . 3 6 . (1) I n case of t he dea th of a person to w h o m a
certificate has been granted , or where the re is no mothe r , or whe re the m o t h e r is divorced from or is l iv ing a p a r t
f rom her h u s b a n d and has no t t he cus tody of t he chi ld,
t h e guard ian or o the r person for t h e t ime be ing hav ing
t h e
t he ma in tenance , care, or control of t he child shall , wi th the approva l of t he commissioner, be ent i t led to app ly for and receive t he endowment in respect of the chi ld.
(2) Subject to this Act , t he e n d o w m e n t shal l
cease in respec t of a child when t h a t child a t t a ins t h e
age of fourteen years .
(3) Appl ica t ions unde r subsection one of this
section and the method of accoun t ing for moneys received by such guard ian or person shall be as prescribed.
3 7 . The r igh t to an endowment or t he a m o u n t of an
endowmen t shal l not be affected d u r i n g any period covered by a certificate by reason merely of t he fact t h a t a child to which the certificate relates has wi th in t h a t period a t t a ined the age of fourteen years , or by reason merely of the dea th of any such child.
| 3 8 . The following provisions shall apply to t h e p a y m e n t | of | ins ta lments | of | e n d o w m e n t : — |
(a)
the officer in charge of an office or place at which an endowment is payable may , if he th inks fit, requi re the appl icant for p a y m e n t to prove his ident i ty , bu t , subject to t h e regulat ions , he m a y accept the product ion of t he certificate as sufficient evidence t h a t the person producing
it is the person enti t led to p a y m e n t ;
(b) when m a k i n g t h e paymen t , t h e officer shall record on the certificate t h e da te and fact of t he paymen t , and shal l also requi re the person receiving t h e p a y m e n t to give a receipt therefor
in t he prescribed f o r m ;
(c) a receipt so given shall be sufficient evidence
t h a t the p a y m e n t to which it purpor t s to relate
has been duly made , and no claim agains t t he Sta te or t he officer shal l thereaf ter arise or be made in any court or proceeding whatsoever , b y any person whomsoever , in respect thereof ; and
(d)
upon p a y m e n t of t he last ins ta lment author ised by a certificate, the certificate shall be re ta ined by the pay ing officer and forwarded by h i m to
t h e regis t rar for cancel la t ion. P A R T
P A R T I V .
Family Endowment Fund.
3 9 . (1) The re shal l he cons t i tu ted a fund, to he
called t he F a m i l y E n d o w m e n t F u n d . (2) Al l moneys expended under or for t h e purposes of th i s A c t shal l be paid ou t of such fund , a n d all moneys received u n d e r th i s A c t shall be paid in to such fund .
(3) The fund shall be unde r t he direct ion a n d control of the commiss ioner and shal l be applied for t he purpose of t he admin i s t r a t ion and execut ion of th is A c t and for no o ther purpose whatsoever .
(4) E v e r y employer shall con t r ibu te to the fund
in each year a t t h e prescr ibed t imes and in the prescr ibed m a n n e r a con t r ibu t ion equal in a m o u n t to such a pe rcen tage of the to ta l a m o u n t of t he wages paid by h im du r ing the prescr ibed period to his employees as m a y be fixed by Ac t of Pa r l i amen t . W h e r e such a m o u n t includes any wages paid to an employee work ing u n d e r an award made u n d e r an A c t of t he Pa r l i amen t of t he Commonwealth, of Aus t ra l i a , such a m o u n t shal l be reduced by a s u m equal to ten per c e n t u m of t h e wages so paid to such employee.
This subsect ion shal l no t app ly to an employer where
t h e to t a l a m o u n t of t h e wages paid by h i m d u r i n g t h e twelve m o n t h s immed ia t e ly p reced ing t h e prescr ibed date did not exceed one h u n d r e d and fifty pounds nor to a n employer which is a pub l i c hospi tal or pub l i c
benevolen t or char i tab le ins t i tu t ion .
(5) W h e n hoard and lodging are provided for
an employee by an employer t he total a m o u n t of wages u n d e r subsect ion four of this section shall inc lude a s u m of one pound per week in respect of such employee as if it h a d been paid as wages.
(6) All moneys received by the Colonial Trea surer for credi t of t he F a m i l y E n d o w m e n t Fund shal l be carr ied to an account in Special Deposi ts A c c o u n t in the Treasury , and such moneys and in teres t al lowed thereon shall be made avai lable to the commissioner for
t h e
t h e purpose of mee t ing paymen t s of endowmen t s under th i s Ac t or of any costs or expenses payable out of t h e fund.
(7) In t e r e s t a t a r a t e to be de te rmined by the
Colonial Treasurer shall be al lowed on the a m o u n t for the t ime be ing a t t he credit of t he fund.
4 0 . The Colonial Treasurer is hereby authorised from t ime to t ime to advance out of the Consolidated Revenue F u n d such a m o u n t s as m a y be necessary to m e e t the paymen t s becoming due out of t he Fami ly E n d o w m e n t F u n d , b u t any such advance shall be recouped out of t ha t fund.
4 1 . The regula t ions may provide for t he furnishing
of r e tu rns of wages paid by employers to employees, and the form of, and the m a t t e r to be contained in, such r e tu rns , t he assessment of cont r ibut ions , t he periods in respect of which cont r ibu t ions arc to ho paid, and the collection a n d receipt thereof.
4 2 . (1) Any contr ibut ion payable b y an employer to t he Fami ly E n d o w m e n t F u n d , may be sued for and recovered as a debt in any cour t of competen t jur isdict ion by the At to rney-Genera l , or by any person author ised by h im in wri t ing , c i ther general ly or in any
| pa r t i cu la r | case. |
(2) I n a n y proceedings t he produc t ion of a notification in t he Gazet te t h a t any person has been so appointed shall be conclusive evidence of the appoint m e n t a n d evidence t ha t his au tho r i t y to sue r emains in force.
4 3 . The commissioner, or any person author ised in
wr i t ing by h im, may call for and inspect airy books,
| wages sheets, or documents of any employer. | P A R T |
P A R T V.
O F F E N C E S .
4 4 . (1) A n y person w h o —
(a)
wilfully makes any false statement or repre senta t ion to obtain a certificate of endowment , or any in s t a lmen t of an endowment , or to deceive a n y officer, or to affect the r a t e or
a m o u n t of a n y e n d o w m e n t ; or (b)
by a n y unlawful m e a n s obta ins p a y m e n t of
any forfeited or suspended ins t a lmen t of
e n d o w m e n t ; or (c) by means of personat ion or any f raudu len t
device whatsoever obta ins p a y m e n t of a n y
ins t a lmen t of e n d o w m e n t ; or (d) b y a n y wilfully false s t a t emen t or representa t ion aids or abets any person in ob ta in ing or c la iming a certificate of e n d o w m e n t or ins ta l
m e n t of e n d o w m e n t ; or
(e)
wilfully lends a certificate to any other person ; or
(f)
receives any money in consideration of or in respect of t h e p rocu r ing of a n y certificate of
endowment or in s t a lmen t of e n d o w m e n t ; or (g)
refuses to produce any books, wages sheets, or documen t s upon demand by the commiss ioner or a n y person author ised by h i m in w r i t i n g in
t h a t behalf,
sha l l be gu i l ty of an offence agains t th is Act .
(2) W h e r e a person to w h o m a certificate has
been g ran t ed is convic ted of an offence u n d e r th is section t h e commiss ioner may , in addi t ion to any o ther pena l ty imposed in respect of t he offence, cancel t h e certificate in respect of which t h e offence was commit ted .
4 5 . (1) A n y person who commi t s a n offence aga ins t
th i s A c t shal l be l iable on s u m m a r y convic t ion to i m p r i s o n m e n t for a t e r m no t exceeding six m o n t h s or
to a pena l ty not exceeding one h u n d r e d pounds .
(2) A n y pena l ty imposed by th i s A c t or t h e
regu la t ions m a y be recovered in a s u m m a r y m a n n e r .
( 3 )
(3) Al l proceedings in respect of a n offence
| aga ins t th i s A c t or t he regula t ions may be taken a t | any |
| t i m e n o t exceeding six | m o n t h s | from | the t ime w h e n | t h e |
facts first came to t he knowledge of the commissioner .
(4) A n y such proceedings may be t a k e n by t h e
commiss ioner or some person appoin ted by h i m in
| wr i t ing , | e i ther | general ly | or in a pa r t i cu la r | case. |
P A R T V I . M I S C E L L A N E O U S .
4 6 . N o t h i n g in th is A c t shall confer upon any
holder of a certificate of endowmen t any r i g h t to sue for and recover from the Crown or any o ther person the a m o u n t expressed to be payable upon any such certificate.
4 7 . W h e r e it is found t h a t a n y endowmen t or
| i n s t a lmen t of | an e n d o w m e n t has been | paid in | excess of |
| t h e a m o u n t | to which t h e person to w h o m a | certificate |
has been gran ted was by law ent i t led, t h e a m o u n t so pa id in excess m a y be recovered from h im or his legal representa t ive as a debt due to t he Crown.
4 8 . (1) The Governor m a y m a k e regula t ions , no t
| inconsis tent | w i th | this Act , prescr ib ing | all ma t t e r s | which |
| by th is A c t arc requi red or pe rmi t t ed | to be | prescribed, |
| or which are necessary or convenient to be prescribed |
for g iv ing effect to th is Act , and wi thou t l imi t ing t he genera l i ty of the foregoing power, in par t icu la r in regard to all or any of t he following m a t t e r s :—
(a) the powers and duties of the commissioner,
t he regis t rar , and officers; (b) the forms of claims, and of applications or
declarat ions re la t ing there to , and the t imes
wi th in which they are to be m a d e or g i v e n ; (c)
the regis ter ing a n d n u m b e r i n g of c laims and par t icu lars in regard there to ;
(d) the forms of cer t i f icates; (e)
(e) proceedings before a magistrate, the commis
sioner, t he regis t rar , or a n y depu ty r eg i s t r a r ; (f) the forms of receipt to be given for any instal
m e n t ; and (g)
the delivery up by and recovery of certificates cancelled, or suspended, or lapsed on death , or for a n y o ther reason.
(2) The regula t ions may impose a pena l ty no t
exceeding fifty pounds for any breach thereof.
(3) The regula t ions sha l l— (a) be published in the Gazette ;
(b)
t ake effect from the da te of publ ica t ion or from a la ter da te to be specified in the regula t ions ; and
(c)
be laid before bo th H o u s e s of P a r l i a m e n t
wi th in fourteen s i t t ing days after publ icat ion
if P a r l i a m e n t is in session, a n d if not , t h e n
wi th in four teen s i t t ing days after t he com-
m e n c e m e n t of the n e x t session.
If e i ther H o u s e of Pa r l i amen t passes a
resolut ion of which not ice has been given a t any t ime wi th in fifteen s i t t ing days after such regula t ions have been laid before such House disal lowing any regu la t ion or p a r t thereof,
such regu la t ion or pa r t shal l t he reupon cease to have effect.
F I N A N C E
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