Industrial Schools' Act 1874 (WA)

WESTERN AUSTRALIA

ANNO TRIGESIA10 OCTAVO

VICTORLE REGIME

No. 11

An Act to promote the efficiency of certain Charitable

Institutions. [Assented to 6th August, 1874.

Preamble

WHEREAS certain schools, orphanages and other institutions

have been founded, and it is to be hoped will hereafter be founded, for the purpose of providing for and educating orphan and necessitous children, or children or descendants of the aboriginal race, and it is expedient to further the objects of the same by giving greater powers over the children therein to the directors and managers thereof : Be it enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof :—

Short title 1. This Act may be cited as 'The Industrial Schools Act,

1874.'

Governor may 2. It shall be lawful for the Governor, with the advice of the

certify appro orphaag ve/ .

e,. Executive Council, on petition made to him in that behalf by the manager or director of any school, orphanage, or other institution formed for the purpose of providing for and educating orphan and necessitous children, or children or descendants of the aboriginal race, and on being satisfied that such petitioner actually is such director or manager, and that such school, orphanage, or other institution is in actually and bond fide working for the purpose of providing for and educating such children as aforesaid, to give a certificate of approval to such school, orphanage, or other institution, and to the petitioner as its manager or director, and with the advice aforesaid to withdraw such certificate.

Fresh certificates 3. As often as any change shall be made in the direction or

to be given management of any orphanage, school, or other institution certified as

aforesaid under this Act, the Governor in Executive Council, on being satisfied that such change has been made, and on petition made to him in that behalf by the new manager or director, shall, if he see fit, give a certificate of approval as aforesaid to the new manager or

38 VICTORIES. No. 11

Industrial Schools

director and withdraw the certificate from those, if any, who have Certificates may

ceased to be managers or directors. be withdrawn

4. The fact of the granting of such certificate, or of the withdrawal certificate to he

of the same, shall be published in the Government Gazette,' and the oboli vettelethat

production of a copy of the' Gazette' notifying that any such certificate Gazette'

has been granted or withdrawn shall be primk facie evidence of the

fact of such grant or withdrawal.

5. Every infant voluntarily surrendered by its parent or guardian Infant sur-

by any instrument in writing signed by such parent or guardian to the reirul eleirteodrhy

care of the certified manager or director as such of any school, or- }An to manager phanage, or other institution certified as aforesaid, or (in case of a 11:11,2,1!,child or person of the aboriginal race, or a descendant of the aboriginal tamed in custody

race, and apparently under the age of twenty-one years) every child or of manager

person voluntarily surrendering himself or herself, or being surrendered

by any parent or apparent guardian or friend, or any infant of any

race being apparently an orphan and without a guardian, taken into

any such institution, shall, until the attainment of the age of twenty-

one, or if the infant, child, or person as aforesaid was received for a

term expiring at an earlier age then until the expiration of the latter

term, be and continue to be in the custody of the certified manager or

director for the time being of such school, orphanage, or other institu-

tion, who, as such, shall have all the powers and privileges of a father

over and in respect of such infant to the exclusion of its natural

guardian, and shall be and be deemed to be the lawful guardian of

such infant to all intents and purposes : Provided that if any female Proviso as to

infant shall marry before attaining the age of twenty-one years, the female-nfantsmarrying

powers of such manager or director over such infant shall cease. And

the mother of any infant may, with the sanction of a Justice of the When a mother

Peace in writing under his hand, lawfully surrender it to the care of

the certified manager or director as such of any school, orphanage or such infant	gat
other institution certified as aforesaid for the purposes of this section, when the father is, from habits of drunkenness, conviction for felony or long-continued absence, unable or unwilling to maintain such child, and the mother has in fact the sole charge or care of it.

certified school, orphanage or other institution as aforesaid to appren- apprentice infant 6. It shall be lawful for any certified manager or director of any Manager may

tice all infants surrendered to him or taken into any such institution as aforesaid, and any juvenile offender as in this Act mentioned, in such manner and at such times as shall seem to him expedient, either to some trade or as agricultural or domestic servants or to the sea

certified manager or director as such of any such certified school, or- apprenticeship

service. Every indenture or deed-poll of apprenticeship made by the Instrument of

phanage or other institution as aforesaid, in which instrument the party apprenticed or intended so to be shall be described as an infant under the care and protection of the certified manager or director of such school, orphanage or other institution as aforesaid shall be taken to be a valid apprenticeship of the party so described for the term mentioned therein, and the party's age and the fact of his or her having been surrendered to the care and protection of such certified manager or director of such certified school, orphanage or other insti- tution as aforesaid shall be taken to be true respectively until the contrary is proved. And every such deed-poll or indenture made as

38 VICTORIIE. No. 11

Industrial Schools

Remedies for	aforesaid shall be capable of being enforced by or against any certified
enforcing	manager or director for the time being of such certified school, orphanage or other institution as if he had been a party thereto :
Proviso	Provided that no infant under the age of twelve years shall be appren- ticed, nor shall any female infant be apprenticed for a term to extend
Proviso	beyond the day of her marriage : Provided also that the consent in writing of the parent or guardian of every juvenile offender not being of the aboriginal race shall, if possible, be obtained to such appren- ticeship ; and if it be not possible to obtain such consent, owing to the absence or non-existence of a parent or guardian, the consent of the Governor, signified in writing by the Colonial Secretary, shall be obtained.
Certified
manager may	7. It shall he lawful for any certified manager or director of any infant has been surrendered to him as aforesaid to exonerate himself from any chargeability, liability or duty in respect of and from any power over such child, by giving notice of his intention to do so to the parent or other person compellable by law to maintain and provide for such child ; and thereupon all rights over and liabilities in respect of such infant shall revive : Provided, however, that when any infant has been apprenticed in pursuance of this Act such apprenticeship shall not be in any way affected by anything done in pursuance of this section.
exonerate him-
self from guar-	certified school, orphanage or other institution at any time after any
dianship
tified manager,
Cases when cer-	8. In any case in which any infant shall have for three consecutive certified manager or director as such of any school or orphanage or other institution certified as aforesaid, the certified manager or director for the time being of such school, orphanage or other institution shall be deemed to be the lawful guardian of such infant as against every person to the same extent, and with the same powers in every respect, as if such infant had been voluntarily surrendered in writing to such manager or director under the fifth section.
&e., shall be	months after the passing of this Act been under the actual care of the
deemed to be
lawful guardian
And whereas it is highly expedient that such institutions be used as far as possible as reformatories for juvenile offenders : Be it further enacted as follows :—
offender to be	Youthful	9. Whenever any offender (being a male under the age of fourteen information or indictment or in a summary manner of an offence punishable with penal servitude or with imprisonment, and is sentenced to be imprisoned or kept in penal servitude for a longer term than three days, the Governor in Executive Council may by writing under his hand order and direct such offender to be sent to any such institution as aforesaid as shall be willing to receive such offender, and to be there detained for a period of not less than two years and not more than five years, and such period shall not in case of a male extend beyond his attaining the age of fourteen years, nor in case of a female extend beyond her attaining the age of sixteen years.
sent to institu-	years or being a female under the age of sixteen years) is convicted on
tien

Religious per- 10. The particular institution to which such youthful offender is to

suasion of youth- be sent shall be as far aspossible one conducted in accordance with ful offender

the religious persuasion to which such offender appears to belong.

38 VICTORIZE. No. 11

Industrial Schools

11. It shall be lawful upon the representation of the parent, guardian, or nearest adult relative of any such offender detained in any	ance or instruc-
Religions assist-
tion
such institution for a minister of the religious persuasion of such offen- der, at certain hours of the day which shall be fixed by the Governor in Executive Council for that general purpose, to visit such institution for the purpose of affording religious assistance or instruction to such offender.
12. The keeper of every prison having in his custody any youthful offender ordered and directed to be sent to any such institution shall	Gaoler to hand over youthful
offender
on receipt of the authority of the Governor signified in writing deliver such offender to the custody of the certified manager or director of such institution as aforesaid in which he or she is to be detained, together with the warrant or order in pursuance of which such offender was imprisoned and is to be sent to such institution.
13. The Governor may by order or license signified by the Colonial Secretary in writing at any time direct any offender to be discharged	youthful
Licenses for
offenders
from any such institution, or removed from any such institution to another, or remitted to prison for the whole or any portion of the period of his or her original sentence, or permitted to live with any trustworthy and respectable person named in such license, and may from time to time revoke or vary any such license.
14. The time during which a youthful offender is absent from such institution in pursuance of a license under the last section shall, except	Permitted
absence frominstitution to be
where such license has been forfeited by misconduct, be deemed to be	part of sentence
part of the time of his or her detention in such institution, and at the expiration or other sooner determination of the time fixed by such license, such offender shall be disposed of as the Governor shall by order signified as aforesaid direct.

15. Any youthful offender escaping from the person or institution Yonthfso

with whom he or she is placed or permitted to live in pursuance of this 19:021:=071g criminal charge.

16. Every person who commits any of the following offences: Aiding offender

(1) Knowingly assists or induces, directly or indirectly, an offender to escape

detained in such institution to escape thereform or from

the person with whom he or she is permitted to live :

(2) Knowingly harbours, conceals, or prevents from returning to the institution any offender who has escaped from any such institution or from the person with whom such offender is permitted to live :

shall on summary conviction before any two or more Justices of the Peace be liable to a penalty not exceeding twenty pounds, or at the discretion of the Justices to be imprisoned for any term not exceeding six calendar months with or without hard labour.

youthful offenders of this Act be deemed to be a legal public gaol and Trimii, for 17. Every such institution shall for all the purposes relating to institution to be

prison within the provisions of the enactments for the time being offenders

relating to gaols and prisons

38 VICTORI2E. No. 11

Industrial Schools

Duty of Magis-	18. If it shall be represented to any Justice of the Peace that there
trates as to

native children	is in his district any person descended from the aboriginal race being a
or crossbreeds	child apparently under the age of twelve years who is not living under
apparently
under 12 years	the care or guardianship of either father or mother, it shall be the duty
of age	of the said Magistrate to make inquiry concernin g the child referred to, and if after careful inquiry it shall be found that the child is not living under the care or guardianship of either father or mother, it shall then be lawful for the said Magistrate to assume the guardianship of such child in the name of the Government and to hand him or her over to the care of some person who holds a certificate of approval from His Excellency the Governor as manager of a school or institution for maintaining and teaching descendants of the aboriginal race.

Interpretation 19. The word `infant' in this Act shall mean infant, child or

clause	person.
Return to be	20. It shall be incumbent on the managers of every school, educating orphan and necessitous children or children or descendants of the aboriginal race, who shall receive children for the maintenance of whom public funds shall be expended, to make whenever requested by the Governor so to do, a return to the Colonial Secretary, showing the proceedings of such school, orphanage or institution, and such return shall be placed on the table of the Legislative Council within seven days after the commencement of the session next succeeding the date of such return. Any such institution as aforesaid shall at all reasonable times be open to inspection by any person authorised by the Government to inspect the same.
made to Govern-
ment when	orphanage or institution formed for the purpose of providing for and
required

FRED. A. WELD,

GOVERNOR.