Neglected Children and Juvenile Offenders Act 1905 (NSW)
| Act No. IG, 1905. | 33 |
Neglected Children and Juvenile Offenders.
Act No. 16, 1905.
N koi.kctki)
| All Act to inakc Ix^ttci* jirovisioii for tlic p ro tection, control, education, maintenance, and | ClIir.DHKN AM) |
.IrvEMi.r.
O ff e n d e r .').
reformation of ne<>lected and uncontro llable children and juven i le oftenders ; to ])rovide for the es tab l ishm ent and control of in s t i tu tions and for contribution by near relatives tow ards the sii])])ort of children in in s t i tu tions ; to cons t i tu te childrcafs (*onrts ami to provide for appeads from smdi courts : to provide for the licensing’ and regulation of ch ihb’en t rad ing in s treets and in certain ])laces open to the public*; to am end the State (diildren h e l ic f Act, 1901, th e ( diildren's P ro tec t ion Act, 1902, the Fiifant Ih 'otcction Act, 1904, and the C9*iines Act, 1900 ; to re])cal the Ih 'forinatorv and rndustrial Schools Act, 1901; and for jciirposes consecpient the reon or incidental tlu*reto. [2C}fh 1905.]
| “ T V E it enacted 1)V tlu' | iMo.st Exeadleat i\!aje.sty, l)v and \villi |
_ | ) the advice and consc'id ol'tlu' Le^islat i ve Coimeil aihd Leyislat i-\e A.ssembly of Xcw Sonlh ^Val(‘s in harliaiiienr asscanbical, and by Ib.c authority of tlic same, as follows :—•
EAKT I.
I’ltELI.MlNAaV.
1. 'fliis Act may ha cited as the “ Xeg'h'cted (iliildren and siiort uiio ;ui.i
| Juvenile (MTenders Act, | and shall come into op('ration on the |
first day of October, onî thousand nine hundia'd and five.
| 2. This Act is divided into tlu' following- Parts :— | Division into ram. |
| P.\ UT I. | -P j;i:m .mi N | Ai'.v—is. 1-5. |
PART' 11.— I NsTri'LTio.Ns—ss. 0-S.
IbVllT 11!.—CllILDliKN ,\NJ) fUllLDKKN’s COURTS—.9̂. ‘J-33.
| c | J’APvT |
34 Act No. 16, 1905.
Neglected Children and Juvenile Offenders.
PAllT IV.—Chilitren ix ixstitutioxs—ss. 31-4G.
PAllT V.—L icexsjxg oe cjiildeen—ss. 17, 48.
PART VI.— General axe .surplemextai.—ss. IG-.l-i.
| Kopeal ami savings. | 3, TllC ('liactmcnis Spociticd ill tllO Sclu'clulo ai'C lo tllC 0X1,('lli tliereiii mentioned repealed. |
| Persons apimiiitoi | 4. (1) All pcrsoiis appointed under any Act liereliy repealed, to liave been appointed hereunder. |
| under rciieaicd Act,,.. | holding ofUee at tlic eommi'iieement of this Act, shall hi' decriKsl |
| KefoniKitor.y seiionis | ('2) All scliools declared to he reforinatory scliools, or public |
| or public industriul |
| scliools. | industrial scliools, under any Act hereby repiriled, shall continue to he such schools, subject, however, to the provisions of this Act relating to institutions constituti'd tlu'reunder. |
| In te rp re ta tio n . | 5, In this Act, unless the context or subject-matter otlu'rwise indicates or rcij^uires,— |
“ Age ” means, in the absence of positivi' (‘videnee as to age, the
apparent age.
‘AAsylum” has the mi'aning given to that word in the State
Childrmi Pelief Act, 1901.
“ Board ” mi'ans State Children’s Belief Board.
“ Child” means boy or girl under sixteen and over live years of
| age. | ‘ |
“ Court” means children’s court established under this Act, and includes a magistrate or justices exercising the jurisdiction of a children’s court.
“ Institution” means institution established under this Act,
and includes a reformatory and a public industrial school
established under the Beformatorv and Industrial Schools
| Act, 1901. | ^ |
“ Justice ” nu'ans justice of the peaces
“ Juvenile olfender ” means child who has committed an offence.
“ Local Authority ” means council of a municipality, and includes
the govi'rning body of a local governnumt area, constituted or
to be constituted.
“ Maintenance” hududes clothing, support, training,and education. “ Near relative ” means, except as regards an illegitimate child,
father, mother, stepfather, or stepmother of the child ; and as regards an illegitimati' child—the mother and the person admitting himself to hî or adjudgi'd by a competent court to be the father of such child, and the husband of tlu' mother of such, child if horn hefoi’e their marriage.
“ Neglected child ” means cliild—
No. 38 of 1901, s. 17
| (a). | (a) who is in a hrotliel, or lodges, lives, residi's, or waiuh'rs about witli rejmted thieves or with ]iersons who have no |
visilde
Act No. 16, 1905.
Neglected Children and Juvenile Offenders.
visible laAvl'nl means of su])port, or with common prosti tute's, wlietli(‘r sncli re'pute'd thieves, persons or prostitutes ar(̂ tli(' ]):m'uts of sucli child or not ; or
| (h) | who has no \dsil)l(> lawful means ol' support oi' has no li.ved N... ;h ..r laoi,«. i; | |
|
(et) wlie) hoifs in a,ny public pleice, e)r habitually wanele-i's aheeut /î id. o).
ptihlic ])lae'e's in ue> eestensihle' eee'cupatieeu, or slee'ps iu the
open air iu any puihlie' plae'e*; or
| (d) | Avho without reaseenahle; exe'use is not jeroviele'd with suflie'ie'iit No. 1.7 | uf 11102, a. |
| anel pro])or ieeod, nursing, clothing, medical aid or hedging, or who is ill-treate'd or exposed by his parent: | ||
| I’roviele'd that such lU'glect,ill-treatment,or exposure' has resnlted or appears likedy to reesult in any permanent or serious injury to the child ; or |
| (c) | whe> takes jeart in any public exhihition eer perrormauce le-jw. s. 22 (i). whereby the life eer limb of such child is endangcreel; or |
(f) who, not being duly licensed for th;it pur]iosc, is engageel
in street traeling; eer
| (g) | whose parents are' habitual elrunkarels, e>r if one e)f these' be dead, insane, unknown, undergoing irnjerisonment, or absent fi'om the State, whose eethe'r parent is an habitual drunkard; eer |
| (h) | whe), being a female', soliedts men e>r eitheerwise behaves in an inelecent manner, or habitually ivanders at night with.eeut lawful cause in a leublic place; eei' |
(i) who is in any place' whe're' 0]>ium en- any pi'e'paratieen
thereof is smokeel; e>r
| (j) | who is living unelnr such e'oneli! ions ;is inelie-ate' th;it the' |
chilel is hipsing into a ceire'e-r e>f vie-e' :md e'l'inu'.
Olfemee ” inclueh's ;iny matter leunishable summarily eir by inelictment.
I’re'scribe'elmeans pre'seriheel by tliis Act e)v by regulatieeus made thereuneh'r.
Pi'eu'lamation ” me'ans ])re)clamation in the Gazette'.
Ihiblic placeiiH 'ans reeael, stree't, tlmroughfare', e'oiirt, or alle-y
te) whie'h the puihlie- have the- right of ace-e'ss. e>r which the' })uhlie- are allowed te) use', anel includes any part e>f pi'e'inise's lice'use'd under Part 111 of the' Lie îmr Act, 1898, which is Ojien te) the- ])uhlic.
Shelter ” shall include a place of salety within the me aning of section twenty-live e)f ('hilelie'n's Prote'ction Act, 1902.
| ■ | Stre'ot traeliiu': ” ine'lueh's the- haw king of newspapi'rs, inatche's, ■ | '! r.d. vii, c. 10, |
llowu'i's anel eetiu'r ai'ticle's, playing, singing, eer jeerlorneing for prolit, slme'-hlacking and any other lilce e)e'cupation
| carrie'd e)ii in any })ublie‘ ]>lace'. | Put this eh'tinition eh,)es ne)t | • |
ine'lud)'
Act No. 16, 1905.
Neglected Children and Juvenile Offenders.
include singing, or perforniing at an occasional entertainment, the jn-oceeds of which are wholly applied for the hencfit of any scliool or of any church or charity.
“ Superintend('nt ” includes manager or person in charge.
“ The Minister” shall nnain the IMinisti'r of Public Instruction.
“ Uncontrollable cbild ” means cbihl wbom bis parent cannot
control.
PART II.
I x s t i t u t i o x s .
| Uovrnioi-iimv | 6. TllC Govemormav. bv proclamation, establisb and constitute, |
| establish msntuUoMs. | institutions uiubu- this Act,— |
| Sec A ct No. 38, |
| 1901, s. 4. | (a) shelters for the reception and tinuporary detention and maintenance of children; | |||
| ||||
| M inister to have |
| d irection of | 7. Every institution shall be controlled and administered under |
| institu tions. | the direction of the Minister, and shall he maintained by such moneys as may be appropriated by Parliaiuent for that purpose. |
| V isita tion | |
| inspection. |
| and | 8. Every institution shall once at least iu every three months, he visited and insjx'cted by a person appointed by the Minister. |
PART III.
| C lIIL D K E X | AXD | C H IL D E E X ’s | COURTS. |
Constitution and powers of courts.
| G overnor may | 9. (1) The Governor .shall hy proclamation establish special |
| cstablisli sj^ecial |
| courts for dealing | courts to be (Mlcd children’s courts. |
| willi childi en. | Every such court shall consist of a special magistrate and shall have jurisdiction within the area named in a proclamation. |
| (2) | In places not within any such area the jurisdiction of a |
children’s court shall he exercised by a special magistrate, or any two
justices.
| Pow ers of court. | 10. IVitbiu tbe arc'a so named a children’s court and the piagistrate constituting such court— |
| (a) | shall exercise the powers and authorities which are possessed by stipendiary or police magistrates, courts of petty sessions, or justices in respect of children and of offences committed | |
|
| Act No. IG, 190.5. | 37 |
Neglected Children and Juvenile Offenders.
(1)) .sluill ('.ver(MS(̂ tlu; powers and autlioritic.s of a court of petty
sessions or of a justice under tlie Children’s Protection Act,
U)( i2 , or of a nniyistrate undc'r tbe Infant Protection Act,
IDOi; and
| (c) | sliall hear and determine complaints, informations, and applications under this Act. |
11. On and after tbe estahlisliiny of a cbildrcn’s court, tbe Ju n sd ic iio n of otiiov
jurisdictiou of every court of petty sessions in respect of tbe matters as to which the children’s court has jurisdiction shall cease to he exercised within the. area proclainu'd :
Provided that nothing iu this section shall abridge or ])i'('judice the ministerial powers of magistrates or justices iu cases of committal for trial, or their powers to take any infonnation or issiu' any summons, or grant, issue, or endorse any warrant, or admit to hail :
Provided also that no conviction, order, judgment, or proceeding made or given hy or had Ixd'oro a court of p('tty sessions in contravemtion of this section shall he invalidated or affected hv reason onlv of such cont raventiou.
| 12. | A court .shall be ludd-- | C liild ren’s courts |
| (a) wberc practicahh', iu tbe proximity of a sbelh'r ; | colirtl'* "* |
| (b) | in some building or room approved of in that behalf hy the Minister: Provided that if a court room or police ollice is so approvt'd of, tin' hearing shall not take place at an hour when the ordinary court business is being transacted. |
13. (1) At any hearing or trial by a court undt'r this Act, the Exclusion of
court may order that any persons not directly interested in the oase
shall he excluded from tin' court-room or place of hearing or trial.
(2) Section thirty-two of the Infant Protection Act, 1901, section 32 of Act of
| shall apply to the hearing of a complaint under Part I I of that Act, ' | ' |
| hut in no other case. |
| 14. Proceedings iir the nature of apjieal to the Supreme Court Appeal Uom | cliiidron’y court. |
| or a Judge thereof, or to | a Judge ol tbe District Court, from any |
determination, conviction,or order of a court may he taken hy a child or hy a parent on behalf and in tbe name of bis cbild under Part A' of the .Justices Act, 1902. Tbe provisions of tbe said Part a])plicahle to justices in tbe exercise of tbeir summary jurisdiction sball apply to a court;
Provided that in place of tbe release of tbe appellant from custody upon entering into recognizances or depositing any money with the court, he may he committed hy the court from wliich the apjfcal is made to a sheltc'r pi'uding the determination of the appeal :
Provided also that this section shall not apply to an order committing a child to take his trial.
The Judge hearing the apjieal may order that any person not
directly interested in the case shall he excluded from the court-room.
Commil lal
Act No. 16, 1905.
Neglected Children and Juvenile Offenders.
Cotnmittal of neglect(>d or nncontrollahle children or juvenile
offendei-s.
| W arran t for | 15. Any justice inrty, upon oatli lieini.;' mad(' b(!fore him by an |
| apprehension. |
| A ct No. ;1H, I'lO l, | ofticcr ol' the hoard or otlu'r pc'rsoii appointed l)y the Minister in that |
| s. IS. | l)ehalf that, having made due inquiry, he believes any cliild to he a neglected or uncontrollable child,— |
| (a) | issue his summons lor the appearance ot such child before a court; or |
| (h) | in the first instance, issue his warrant directing such child to he apprehended. |
| Approlicnsion of | 16. A constable or any person authorised by the Govenmor in that behalf may, although the rvarrant is not at the time in his possession, apprehend any child for whose apprehension a warrant has hec'ii issued under the last ])r('eoding section. |
| for cliild suspected | |
| W arrajil t " soaroli | 17. (1) If it a])])oars to any justice, on information made cause to suspect that a child is in a place which is a brothel, or where opium or any prejiaration tlnavof is smoked, such justice may issue his warrant authorisiim' any person named therein to search in such place for any child, and to tak(‘ such child to a .shelter to be dealt with under this Act. |
| in liro thel or place | before him on oath by any eia'dible person, that tliere is reasonable |
| Hinokcd. | |
| w here opium is | |
| (2) Any pei’son authorised hy warrant under this section to search for a child may entci- l if need he hy force) into any hous(‘, building, or other plac(' SjOecilied in the Avarrant, and may remove the child therefrom. | |
| (3) Every such Avarrant sliall be addressed to and executed hy some sergeant of ])olicc or ol’lcer of a higher grad*' in the police; force, Avho shall he accompanied !>y the person making tlu' infonnation (if such person .so desire'), unh'ss the justice issuing the Avarrant otlu'r- Avise dire'cts. |
cluid.
(4) it shall iu)t he' ne'cessary in tlm- information or warrant
to name' the child.
Apjn’olienslon of
| cliild in hrotlic], Ac. | 18. Any pcrse)u aullie)risi'd by the Governor in tliat helialf, or any olhce'r of jieilice eif or ahov;' tlic rank e>f senien'-constahle, may |
| Avithout warrant appre'he'iid a cliiid Avho is in a place Avhich is a hrotlu'l | |
| or Avlu're eipiuni or any pre'par.it ie>u thereof is sme)keel, e>r who he has reason te> helie've' is a ne'gb'cte'el or uncontrollable; chilel. | |
| C hild placed in | |
| shelter. | 19. Any chilel a[)prA'hendeel ;is a neglected or uncontrollable' child or juA’cnile olfeneler sluill be taken to ;i she-lter anel there detaineel pending the elete'rmination of a court. |
| C hild to be b rought | 20. If Avithin feirly-eiglit hours after the' aelmission to a shelter |
| before a court or |
| discharged. | of a chilel ap[)reliended or plae'cd in the slu'lter as a neglected eir uncontreillahle child, or within such further time as the court may eillow. an application is maeh' to a e'oui't having jurisdiction in tin; |
place
Act No. 16, 4905.
Neglected Chihb^en and Juvenile Offenders.
place wlna-e the shelter is situate, to commit the child to an institution, the child shall be brought before the court by the superintemh'nt of the sh('lter, but if no such application is made within the said time or furtber time, the child sball be discbarged.
21. Any person baving the actual care and custody of tlu' child Appiiccaicm to
may a))ply to a court to commit his child to an institution upon the u'̂ ,eonl'roiiiiiii.' ciiiia
| ground lliat the child is an uncontrollable child. | Such child may be to institution. |
dctain(‘d at a sbeltcr pending the dthermination of the court.
22. Where any cliild is brought before a court as a neglected Pioccamv otcimri.
or uncontrollable child or juAnnilc offender, or where an application is made under the last preceding sect ion, the court may, if a parent of the child is present, tlu'reupon hear and determine the matter.
If a parent of tlii' child is not present, the court in its discretion may hear and determine the matter or re([uirc the parent to be present and remand the child for tlu' pur^iose of securing the atteudancf! of the pan'llt if practicable.
If tbe jiarent refuses to attend without reasonable exciisi', tin' court may issue a warrant to bring him before tbe court at tlie hearing, but tlic jiarent may beadmitti'd to bail on entering into recognisances, Avith or without suri'ties, to attend at the court at the liearing of the matter.
| 23. ]f on the hearing the court liuds that a child is a neglecti'd I'owcn-oi .ouh wiiii | 1 | T i l l | t o | Oi l |
| or uncontrollable cliild it may— | nnn.no-nir.Mn |
| (a) | ri'h'asi' the child on ])rohat ion upon such ti'rnis and conditions and for such jicriod of time as the court may think lit; or |
(1)1 commit the child for such jieriod of tinu' as the court may
think tit, ( ' i t ln 'r to an asylum, or to the care of some person
| who | is A v i l l in g | to uiuh'rtaki'such can '; | or |
(c) commit the child to an institution :
Provided that no order of committal of an nncontrollahle child on the ajiplication of a near relative shall hi' iiiaih' unless—
| (a) | he proves that lie has not hy neglect lost control of thi' child ; and |
| (b) | security is given to the satisfaction of the court for the making of such jiaymi'ut as, in the opinion of the court, the applieant is able to atford toAvards the maintenance of such child. |
24. Where a child is summarily convicted of an offence for I’ow.'i'» it1i ev-pivt
| Avhich the penalty is punishment by imprisonment, or imprisonment | !'uminjvril> |
| in default of jiaymeut of a line, tbe coui’t may— | convi'-ti'il. |
| (a) | release tbe child on probation upon such terms and conditions and for such period of time as the court may think f i t ; or |
(10
Act No. K). 1905.
Neglected Children and Juvenile Offenders.
(1)) commit the child for sucdi period of time as tlie court may think fit, either to an asylum, or to the care of some person rvho is Avillino; to undertake such care; or
(c) commit the child to an institution ; or
(d) sentence the child according to law.
If the court sentences a child it shall forthwith transmit to the Minister a copy of the proceedings and a statement of the reasons for passing sentence.
The Minister may order the removal to an institution of the
child so sentenced.
C ourt m ay o rder
| p a re n t to pay | 25. (1) 'Where a child is summarily convicted before a court imposed, and there is reason to lielieve that his parent has contributed to the commission of the offence hy wilful default or hy habitually neglecting to exercise due care of the child, the court may, on information, issue a summons against such parent, charging him with so contributing to the commission of the olfencc. |
| p en a lty , | dama<,^es, | of an offence in respect of rvliich a penalty, damages, or costs are |
o r costs in certa in
(2) If the court is satisfied that the parent has contrihuted to the commission hy the child of the offence hy wilful default, or hy habitually neglecting to exercise due care of him, the court may oixh'r that the penalty, damages, or costs shall he paid l)y the ])arcnt instead of by the child, and may also order the parent to give security for the good behaviour of the child.
(3) Any sums so imposed and ordei'cd to he paid may he recovered from the parent in the same maniu'r as sums ordered by justices to be paid may he recovered under the Justices Act, 1902.
(I) Proceedings in the nature of an appeal may he taken hy the parent, under Part V of tiu' Justices Act, from any order made against him in pursuance of this section.
Pow er w ith respect
| to cliild charged w ith | 26. (1) AVhere a child is charged before a court with an indictable offence other than homicide or rape, and is not dealt with |
| certain | indictable |
| oiTencos. | summarily, the court may— |
(a) release the child on probation upon such terms and conditions and for such period of time as the court may think fit; or
| (h) | commit the child for such period of time as the court may think fit, either to an asylum, or to the care of some person Avho is Avilling to undertake such care; or |
(c) commit the child to an institution ; or
(d) commit the child to take his trial according to law.
If the court commits a child to take his trial it shall forthwith transmit to the Minister a copy of the proceedings and a statement of the reasons for its decision.
| Child com m iited for | (2) MTicu a coui’t lius Committed a child to take his trial indictable olfencc other than homicide or rape, the Minister |
may
Act No. 1C), lOOo.
Neglected Children and Jnveaille Offenders.
may commit tlic child to an institution, if the Attorncy-deneral shall have entered a nolle prosequi in regard to proceeding's against the child :
Provided that the ]\[inister may exercise his powers under this section only if the child or his parent consents, or if evidence on behalf of the child has been given before the court.
27. AVhere a child is charged before a court with any othmee other Couh to honr
| than homicide or rape, oi' is brought before a court as a neglecti'd (>i. | on bei.aif of |
| uncontrollable child, the court, before making any order or committal, shall give the child or his parent an opportunity to call evidenci', and shall bear anv evidence that mav be tendered bv or on behalf of the |
| child. | ‘ | ‘ |
28. AVhen a child has beem dealt with nndi'r paragraph (a) or As t,i sccii.ms 2.1,
(b) of section tw(Mity-thr('(', twenty-four, or twemty-six, tlu' following ^
})i'ovisions shall aj)ply :—
(1) Subject to th(‘ directions of the Minister, the cbild shall be in the custody and under the control of the person in cbarg(' of the asylum or to whose care he has been committed.
(2) The child and the premises vvlun'cin be resides, or wheiado In̂ has been committed, shall be subject to inspection by olbcers ap])ointcd in that behalf.
| (tl) Any person having the care of a child as aforesaid who neglects or ill-treats such child shall be liable; to a pemalty of live ])onnds, and the child may b(' removed from his cnslodv and control bv the Atinister. | •> | < |
29. If a child who has been released n])on probation breaks As to broach of
| tbe terms or conditions of tlic release, he maybe apprebended | r'obaiion. |
| brought before the court. | |
| Jf it sball appear that such breach has occurred, the court may commit him under the provisions of this Act, in the same manner as if h(‘ had not heen released u[)on probation. |
30. M’bere a child upon his trial has ])leaded guilty to or has Child oonviotcii of
been convicted of an indictable oll'ence, the judge may, in addition to
any other sentence for the olTeucc', commit the child at tin' explication iusiituUon.
| of such sentence to an institution, or may, instead of any other sentence, | t |
| commit the child forthwith to an institution. | '' | ’ |
31. A court or a judge in committing a child to an institution Form of committiii.
shall do so in gem'ral terms, but may recommend to tbe Minister that
tbe cbild be sent to an institution of a particular class :
Provided that in the case of a child charged with an indictable offence, such committal may be made to a reformatory school, and if so made, shall he for tbe period named, being not less tban one nor more than five Amars.
| ‘ | 32. |
Act No. 16, 1905.
Neglected Children and Juvenile Offenders.
| C hildren bo placed | 32. A child on heiii^̂ committed to an institution may, in tlie |
| in shelter. | discretion of tlie court or judge, be placed in a shelter. |
| C hild placed in | |
| in stitu tion . | 33. The iMinister as soon as jiracticable shall endorse on the order of committal the name of the institution and the place wlnaa; the child is to he detained. |
| PA 111’ | LV. |
ChILDKEX IX ]XSTITi:'l’IOXS.
Custody and control.
| C hildren in | in s titu |
| tions und er control | 34. All children cmnniitt('d tour inmates of an institution shall, suhject to the directions of tin' Ministn', b(' in tlu' custody and under the control of tin' superinti'iident of the institution until they attain the age of eighteen yi'ars, or are discharged, ri'inovi'd from th(‘ institution, or apprenticed : |
| of su]t(M’int«-ml<‘nt. | |
| Provided that a child committed to a reformatory school on being charged 'with an indictable olfencc shall In' detaim'd in such school or in such other institution to which In' may he removed until the expiration of the period nanu'd in the order of committal, oi- until he is lawfully discharged, rcimnu'd from the institution, or apprc'iit iced. | |
| P o we rs ami | |
| Mini s t e r . |
| liiit ics of | 35. The Minister, with resjiect to any child who has In'cn committed to oi' is an inmate of any institution,— |
| (a) | shall determine the particular institution in which tin' child shall !)(' placed and detained, provident that no child may remain in a shelter for more than three; months, cxc('pt hy })ermission of tlu' Minister ; |
(b) may removi' a child from one institution to another;
| (c) | may remove any child from an institution and place him in an asylum, or jilace him in charge of the hoard which may hoard him out. |
C hild romovetl from
| board o r asylum to | 36. Th(! Minister may at the request of the board or of tlu' governing body of an asylum take any child from the custody of the |
| an | institu tion . |
board or from the asylum, and place him in any institution otlu'r than
a ri'formatory school.
| Religious teaching. | 37. (1) Every child, an inmate of any institution, shall, so far as religious teaching is concerned, be placed under the guidance and control of clergymen of the persuasion to which the parents of such child belong, or in which such child has been brought up. |
| A ct No. 38, 1901, | |
| s. 32. |
(2)
| Act No. 16, 1905. | 43 |
Neglected Children and Jmenile Offenders.
| (2) In the event of such parents or tluhr | religious |
persuasion not being known, and oftlu' child not having he('u brought up in any religious jK'i’suasion, tluai as far as r('ligious t(;aching is concerned—
| (a) | su(di child sliall, if of or over the ag(' of twelve years, hi' })laced under the gnidance and control ot the clcrgynu'n of such persuasion as the Minister may direct, unless such child states some T)orsuasion iu which he desires to he educated; |
| (b) | such child shall, if under the age of twelve years, he jilaced under the guidance and control of the clergymen of such jM'i'suasion as the Minister may direct, but may on attaining the age of twelve years select the persuasion in which he desires to be educated : |
| (c) | provided that if at any time the religious persuasion of any such child or of his yiarents become known to tlu' Minister, he shall at onci' onh'r the child to be ]daced under the guidance and control, as far as religious teaching is conci'rned, of clergymen of such persuasion. |
38. (1) The siqicrintendentof any institution may by iruh'ntureciiiM may i»'
bind or causi' to be bound any child under his care and control, in '‘'’i'"'"'"'' ''
accordance with and subject to the provisions of the Apprentici's
| Act, 190]. | ■ | " | ■ |
(2) Any child so a|)[)r('ntic('d shall he liable to be proceeded runishment foi-
against and ])unishod I'or absconding, or foi' otlu'r misconduct, in
same way as any child apprenticed by his father with such child’s
consent.
39. .V court, u})on comyjlaint math' by the sup('i-iiit('iid('nt of Com-t m.iv |mt
any institution that any person to wliom any such child has bec'u
| apprenticed is not ])erforming the conditions of such imh'utnre, or is | ̂ 3- ' |
| unfit to hav(! the fnrllu'r care or control of such apprentice, may summon such person to answer such complaint, and on ])roof thcri'ol' on oath may order such appri'uticcship to he ])ut an end to, and may direct the ajiprentice to he sent hack to such institution, and such child shall tlu'rcupon l)c suhjc'ct to the like custody and control as under the oi'iginal onh'r by which lu' was sent to such institution. |
40. The Govi'rnor may discharg(> any child from an institution Disdiar̂ m ,.i ,
and restore him to the custody of his ])ar('iit or otlu'r suitable jM'rsou on such terms and conditions as to him mtiy sci'in desirable, or as may he prescribed.
Mainlehauce uf children hy relaliocs.
41. (1) If it apiiears to a court on complaint bv or on behalf of Cost of imiintcrmnce
the Minister that any near relative is of ability to maintain or to
contribute to the maintenance of a child in an institution, the court near relatives.
may
Act Xo. 1(), 1905.
Neglected Children and Juvenile Offenders.
may on summons ordfu' such neav volativo to pay to the Minister a reasonable sum, in instalments or otlierwise, as the court directs for or towards—
| (a) | tlie past maintniance of such cliild, whether such child he alive or not at the time of the application ; |
(h) the future maintenance of such child.
(2) A like order against a near relative may, with his consent, he made on the committal of the child to an institution hy the court so committing him.
(3) Such ordi'r. when made against a father or mother, may
include the cost of hrim^dng- such parent hack to the place where the
order is made from any other place Avherc he or shi' may for the time
hein^’ reside.
(4) AVhere an order under this section is made in respect of a person against Avhoni an order has heen made in respect of the child under the Infant Protection Act, 1904, the court may rescind or amend the last-mentioned order so as to secure that the said person do not pay tAAUce for the maintenance of the same child.
(5) Any order made under this section may he enforced, appealed from, quashed, (‘onfirmed, or varied, in the same manner in all respects as orders made under Part I I of the Infant Protection Act, 1901. And the court may issue a warrant for the arrest of any person ahsconding from the State with a view to evade compliance with any order under this section.
| T'Aldence nocessarv | 42. | lYliere any proceedings are taken under theInfantProtcction |
| fo r o rder for |
| m aintenance. | Act, 1904, or this Act, in rcspi'ct of the maintenance of an illegitimate child, of Avhich the defendant is alleged to ho the father, no order under any such Act shall be made— |
| (a) | upon the evidence of the mother, unless her evidence he corroborated in some material particular ; or |
| (h) | if the coiAi’t is satisfic'd that at the timê the child was begotten the mother Avas a common prostitute. |
Offences in respect o f children in insliinlions.
| Offences in respect | 43. | Any person avI i o — |
| o f Sfjitc children. |
| (a) | illtreats, terrorises, or injures any child committed to or an inmate of an institution ; |
| (h) | counsels, or causes or attempts to cause, any such child to he AA'ithdrawn or to ahsc^ond from any institution or from the charge of any person Avith or to Avhom such child is apprc'nticod ; |
| (c) | knoAving any such child to have so withdraAvn or to have so |
| absconded, harbours or conceals such child or prcAmnts him from returning to such institution or person; |
| ' | (d) |
Act No. IG, 1905.
Neglected Children and Juvenile Offenders.
| (d) | having tlie charge of any such child— |
(i) illegally discharges or dismisses or attempts to discharge or dismiss him from the institution;
(ii) neglects such child ;
(iii) does not well and truly ohsorvc, ])erform, and ket'p all the covenants, cmiditions, and agreements contained in any indenture or agreement entered into by him respecting any child and vhich hy such indenture or agreement ho has hound himself or agreed to observe, perform, or keep,
shall he liable to a penalty not exceeding tifty pounds or to he
imprisoned for a period not exceeding six months.
44. Any child committed to or an inmate of any reformatory Abscomior ii-om
| school who absconds therefrom, or neglects or refuses to conform to the rules thereof, may he taken before a court, and on proof on oath of such ahsconding, neglect, or refusal, the court may commit such s. 27. | ’ | ’ |
| child to gaol for any period not exceeding three months, such period of imprisonment to he passi'd as far as practicable in strict separation. Such child shall at the termination of such imprisonment he returned to such reformatory school and there detained, suhp'ct to this Act, for the remainder of the term for which he was committed. |
45. If any child committed to or an inmate of any institution ciiiia doseuing mny
before his discharge or apprenticing he absent theiahrom without
| leave of the superintendent, any eonstahle may apprehend and eonvey | '' |
| such child to such institution to he d(div(;red into the custody of the superintendent thereof. |
46. Where a child is found in a brothel or in a place where Keoper of hrotiioi or
| opium or any preparation thereof is smoked, the keeper or the | Xn'i'iAmui ” |
in charge or apparently in charge of such brothel or place shall he of misdemeanour,
guilty of a misdemeanour.
PAllT V.
Licensing oe children.
47. (1) A written license autliorising a male child of or over issuo of Heensos.
the age of ten years to engage, suhject to the regulations, in a specified
description of street trading may he issued—-
| (a) | hy the Atinister or by any ofTicer acting under his autliority; or |
| (h) | in respect of its district hy a local authority or some officer of such authority appointed in that behalf with tlie approval of the Alinisti'r. |
(2) Such license shall he delivered to the child with a Badges,
badge to be worn bv him as prescribed during such trading.
| ‘ | ' .................. | ' | .................... |
Act No. 16, 1905.
Neglected Children and Juvenile Offenders.
| Coiiilitiun? of | (3) Such lieiMise shall not he issued unless it is shown that |
| oi' licenses. | the moral or matc'rial w(dfare of the cliild will not siilTer hy such tradliiir. |
| Term of lieeii.'^e. | (1) Kvery license shall he u’i-ant('d for a it'rmof six mouths, hut may he reiiewi'd from time to time., and may at any time he cancelled hy tin* minister or hy the authority which has issued it. Xo charge shall he nnuh' for any license or hadge. |
| Pimalty for |
| eliild in | 48. If any ])('rson (unploys a child in stri'ct trading— |
| stree t trad ing iti | (a) who is not duly licensed under this A ct; or |
| contravention | |
| A (t. |
| of | (h) who, although so licensed, is employc'd hy him in trading of a description not authorised by tlu' liiamsi', |
he shall he liable to a penalty not exceeding two pounds, or in case of a second or suhseiiuent oll'ence to a penalty not exceeding live pounds.
PART VI.
| ( i KN KU AL | AND | S U M ’I.KM IVN I'AL. |
R ceoverj of
| ]>enaltios. | 49. All orders and ])cnalties under this Act shall he (mforct'd, imposed, and recovered hy and before a court. |
| O rder forw arded to | 50. (1) An ordc'r duly (indorsed committing a (diild to an institution, or removinu' a cliild from one institution to anotlu'r, shall he forwarded to the superintendent, and shall h(‘ a sufficient warrant for the detention of the child. |
| an | in stitu tion . |
A ct ;i8 of 1901, s. 37.
| C ertain orders and | (2) The jiroduction of— |
| copies to be e\ idenia*. | (a) such ord(‘r so ('udorsed ; or | ||||
| Ibid. s. 39. |
|
shall, without proof of the signature of tlu' p('rsou purpoi-ting to have
signed the same, he evidence in all courts and proceedings—
(d) of the due making and sii>’ning of any such ordiw, memorandum, or certilicate ; and
| (e) | of the committal, detention, and identity of the child, and of the identity of the paiamt named in any such order, memorandum, or certiticate. |
| B oarding ou t of | 51. No child shall he hoarded out under section sixteen of the |
| ch ild ren | under |
| section 16 of S tate | State Childrcm Relief Act, 1901, until the hoard has referred the case |
| C hild ren R e lief A ct. | of |
Act No. 16, 1905.
Neglected Children and Juvenile Offenders.
of sucli child to a court for an inquiry upon oath, whether it is desirable to so hoai'd out such child, aud unless the court i îves a- direction to that elVect.
| 52. (1) The Governor may make regulations— | KesuhiHuns. |
(a) for regulating the management of institutions;
| (h) | providing for the A’isitation aud inspection of institutions and ])lac('s where childrcm are placed or apprenticed under this A ct; |
| (e) | prescribing th(' duties of olfiecrs enqiloyi'd in tlu' administration of this Act ; |
| (d) | jiroviding for the employment, education, discijiline, and jmnishuK'nt of children in institutions ; |
| (e) | providing for the medical care of children in institutions and for the burial of any child who has died ; |
| (f) | providing for the conditions under which, the puiqioses for which, and the ages during Avhich licenses under this Act may be issued to and held by children, the hours during which such licenses shall have force and eifect, aud tlie form of badges and manner of wearing them ; |
(g) for carrying this Act into eifect;
| (h) | for the inquisition of a penalty not (‘xceeding twenty pounds for the breach of any regulation made under this Act. |
(2) All such regulations shall he published in the Gazette ,̂ and shnll thereiqion lie in force, and shall he laid iqion the tahlc of both Houses of Parliament within fourteen days of such puhiication, or if Parliament is not then sitting within fourteen days of tlu' commencement of the next ensuing session.
S C H E D U L E .
| Date of Act. | Name of Act. | Extent of rejical. |
| Act No. 40,1900 Crimes .Act, 1900 | ... | ... | ... | ... iSo much of section 129 as is inconsistent with |
| 1 liis | .A c t . |
| Act No. 38,1901 llefonnatorv ami Indiistriai .Scliools Act. | Tim uhole |
1901. ■
| Act No. 17,1902 Cliililreii’s Protection .Act, 1902 | ... | ... .Sections 29, 30, 31, and .'rj, and so IIinch of the rest of tlie .Act as is inconsistent with tiiis Act. |
Act
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