Reformatory and Industrial Schools Act 1901 (NSW)

Act No. 88, 1901.

All Act to consolidate the Acts relating* t o liEFOKMATORY AND

lieforniatories and Industrial Schools, [^sf	ŝĉoi!s”
Kovemher, 1901.]

“O E it enacted by tlic King’s Most Excellent Majesty, by and J J Avitli the advice and consent of tbe Legislative Council and Legislative Assembly of New South MKles in Eavliament assembled, and by tbe authority of the same, as hdlows :—

PAKT I.

Preliminary.

1. This Act may be cited as the “ Reformatory and Industrial short tin.'and

Schools Act, 1901,” and is divided into Parts, as follows :— aiTisinn.

PART I.—Preliminary—ss. 1-3.

PART I I .—Estahlishment, regulation, and support o f schools—-

ss. 4-12.

PART I I I .— Children icho may be sent to and detained in

schools—ss. 13-20.

PART IV.—Discipline and contribution—ss. 27-3,5.

PART V.—Ecidence and general provisions—ss. 30-40.

PART VI.—Penalties and procedure—ss. 41, 42.

2. (1) The Acts mentioned in the Eirst Schedule to this Act Repeal,

are, to the extent therein expressed, hereby repealed.

(2) All persons appointed under any Acts hereby repealed officers under

and holding office at the passing of this Act shall be deemed to liave’*̂*"* ” '

been appointed hereunder. (3)

346.   Act No. 38, 1901.

Reformatory and Industrial Schools.

Schools under (3) All scliools declared to be reformatory schools or public

repealed Ads.	industrial schools, or certified as private industrial schools under any Act hereby repealed, shall be deemed to have been so declared or certified under this Act.
Keguhilions under
repealed Ads.	(4) All regulations, rules, orders, and hy-laws made or published under any Act hereby repealed, shall he deemed to have been made or published under this Act, and references in any such regulations, rules, orders, or hy-laws to any of the provisions of any Act hereby repealed shall be construed as references to the corres­ ponding provisions of this Act.

Interpretation. 3. In this Act, unless the context or subject-matter otlierwisc

indicates or requires,—

“ Justice ” means a justice of the peaee.

“ Minister ” means the Colonial Secretary.

“ School ” means any reformatory school, public industrial school,

or private industrial school under this Aet.

PAllT IT.

Eslahlishmenf, regulation, and support o f schools.

Ks(a])]islnnoiit. of

rpforniatoiT :nul 4. The Governor may, by proclamation, declare any ship or

j>u])lic indust rial	vessel, or any building or place, together with any yards, enclosures,
scliools.	grounds, or lands attached thereto, to he—
30 Vie. No. ?, s. 1.

30 Vic. No. 4, s. 1.	{a) a reformatory school ; or {b) a public industrial school.
appointed.

Ollicors Tua}' be 5. The Governor may appoint a superintendent, and such

30 Vic, No. 2, 3. 2.	chaplains, teachers, othcers, and servants as may be necessary for the
30 Vic. No. 4, 8. 2.	management of every such school.
Regulations to be
made.	6 . The Governor may make regulations for the conduct, ment, education, correction, and restraint of such children, as may in manner hereinafter mentioned be ordered to bo sent thereto, and sucli regulations shall immediately after their publication in the Gazette be in force:
30 Vic. No. 2, s, 3.	management, and supervision of every such school, and for the employ­
30 Vic. No.4, SS.3,10,
Provided that all .such regulations shall be laid before Parlia­ ment, if then sitting, within one month after the publication thereof, or if Parliament is not then sitting, within one month after the commencement of the next session.
Support of schools.

30 Vic. No. 2, s. 21. 7. Such schools shall be maintained by such funds as may be

30 Vic. No. 4, s. 11. appropriated by Parliament to that purpose.

Act No. 38, 1901. 347

Heformatory and Industrial Schools.

8. The Minister may, upon the application of the manager of i\nnisier nmy grant,

any establishment in -which industrial training is provided, and iii

■which children arc clotlied, lodged, and fed, as Avell as taught, ap])oint g,, y;,. jjo. 2, 8. 22.

such person, as he may think lit, to examine into the conditions of such

estahlishment and to rei)ort to him thereon, and if satisfied by such

report he may hy -writing under his hand certify that such establish­

ment is fitted for the reception of such children, and such estahlishment

shall thereupon become and he a private industrial school under this

Act.

9. (1) Every private industrial school shall at least once in inspooiion and

every year be inspected hy a person appointed by the Minister, and if

the Minister, upon receiving the report of such person, is dissatisfied	, 22.
Avith the condition of any such school, he may, hy notice under his liand addressed to tlie manager of such school, declare that the certificate is AvithdraAvn from and after a day specified in such notice and not less than two months from the date thereof.

(2) Such notice may he served on the manager of sneh school Sowice of

hy delivering the same personally to him, or to any one of the managers

s. 24.

if there arc more tlian one, or hy sending it hy post to the manager or

to any one of the managers at the sehool.

10. (1) The manager of any priA’ate industrial school may, upon Munngorumy require

giving six months’ notice, in Avriting under his hand, of his intention

so to do, require the Minister to AvithdraA\'- the certificate ghmn to such /j,-,/ g 2.',.

school, and at the expiration of six months from the giving of tlie notice

such certificate shall he deemed to ho AvithdraAvn, and from thenceforth

no more children shall he sent to, or received in, such school under this

Act.

(2) The manager of any such school shall not, except as Arummor t<> muhiiain

provided hy this section, Avithout the Avritten consent of the Minister,

AAuthdraAV from the obligation of educating, clothing, lodging, and ' '

feeding any children Avho, at the time of the giving of such notice, arc

in the school under this Act until the certificate is AA'ithdraA\m, or Aintil

such children are hy ord(>r of the IMinistcr remoA’cd to some otlu'r school.

(3) Any manager Avho, in contraA-'ention of the preceding ivnaiiy on dcfanif.

subsection, fails to educate, clothe, lodge, and feed any such child shall for cA*cry such offence he liahh' to a penalty not exceeding five pounds.

11. for the regulation of such school. The manager of any private industrial school may make rules Jraungor mav mako

Such rules shall not he repugnant to

this Act, and shall not he enforced until they have been approved by	’
the Minister.

12. The Colonial Treasurer shall pay towards the maintenance Araintonanoe.

of childi’en in any j^i'ivate industrial school such sums as may he

appropriated hy Parliament for that purpose.

PART

348   Act No. 38, 1901.

Heformatory and Industrial Schools.

PAllT III .

Children vJio may he sent to and detained in schools.

Juvenile offenders

liow to be (Unit with	13. "Whenever any person is convicted of any offence piinisliahlo by imprisoment for fourteen clays or any longer period the Court or justices may, if the offender is in their opinion uncler the age of sixteen years, in addition to the sentence which may bo passed as a punishment for such offence, direct such offender to be sent at the expiration of such sentence, or instead of passing ujion such person the sentence prescribed by law for such offence, direct such offender to be sent forthwith to some reformatory school, to be there detained for a period of not less than one year, nor more than five years, and such offender shall be liable to be detained pursuant to such direction :
30 Vie. No. 4, g. 4.
Provided that the Governor may at any time order any such offender to be discharged from such reformatory school.
■yvliieh offender

Bcformatorj to 14. I t shall not be necessary at the time of passing sentence for

committed need	the Court or justices to name the particular reformatory school to
not be named in
sentence.	Avhich any such offender is to be sent, but it shall be sufficient for such
Ihid, s. 5.	Court or justices to direct that sucli offender shall be sent to such reformatory school as may thereafter be directed by the Minister, and the Minister may make a supplemental order at any time thereafter, and before the expiration of any such term of imprisonment or detention, exehanging such reformatory school for any other reformatory school, and such offender shall be sent to and detained at such last-mentioned reformatory school accordingly.

Clticf oflicer of	16.	The gaoler or other chief officer of any prison, liaving the
jirison to send

duplicate or copy	custody under sentence of any such offender ordered to be sent to any
of warrant of
commitment	reformatory school at the expiration of his sentence as aforesaid, shall
with offender to	forward with such offender to such reformatory school an original
reformatory.	duplicate if any exists of the warrant of commitment under which such
Ih h l 8. G.	offender has been imprisoned, and if none such exists then a copy of such warrant, and shall at the foot of such duplicate or copy make a memorandum signed by him stating that the offender named therein and sent therewith is the same person who was delivered to such prison with the warrant of which the instrument is a duplicate or a copy, and the possession of such w^arrant or copy with such memorandum so signed shall be a .sufficient authority lor the detention of such offender in such reformatory school.
W hat sufiici(nt

evidence as to 16. The production of such duplicate or copy and memorandum,

identity of	accompanied by a statement signed or purporting to be signed by the
juvenile offenders.	superintendent of any reformatory school, that the offender named in
Ibid. s. 7.	such warrant or copy was duly received into and is at the signing of such statement detained in such reformatory school, or has been

otherwise

Act No. 38, 1901. 349

Reformatory and Industrial Schools.

otlu'i’wise disposed of according to law, shall in all proceedings what­ soever he sufficient evidence of the due conviction, imprisonment, suhsequent detention, and identity of the offender named therein.

17. Every child whoso age, in the opinion of the person vagrant or destitute apprehending or ordering the apprehension as hereinafter mentionctl,

docs not exceed sixteen years, who— ju.siiccs.

(t̂ ) is found lodging, living, residing, or wandering about in ao vic. Xo. 2, s. i.

eonijiany witli reputed thieves, or with persons who have no visible lawful means of su})port, or with common prostitutes, whether such re]iuted thieves, persons, or prostitutes are the parents or guardians of such child or not, or

[b) has no visible lawful means of support, or has no fixed place

of abode, or

(c) is found begging about any street or other public place, or is found habitually wandering or loitering about the streets, highways, or public places in no ostensible occupation, or is found sleeping in the open air,

may he apprehended hy any constable or hy any other person and taken

before any two justices to he dealt with as hereinafter directed.

18. Any justice may, upon oath being made before him that any justice may i.̂ sue

child believed by the itcrson making such oath to he under the ag'c of "a™*, tor

Sixteen years, is living in any oh the conditions spccitted in tlie last vapuit or aesUiuio

preceding section, issue his warrant directing such child to he

apprehended and brought before any two or more justices, in petty

sessions assembled, to he dealt with as hereinafter is directed.

19. Such justices may summarily inquire into the matter, and jusiices may send

for that purpose examine on oath such witnesses as are called for oi‘

against such child, and if such child appears to such justices to he industrial school.

under the age of sixteen years, and if it is proved on oath to the ii'id. s. 6.

satisfaction of such justices that such child is living or has been found

in any of the conditions aforesaid, such justices may order and direct,

hy warrant under their hands and seals in the form or to the effect

set forth in the Second Schedule to this Act, that such child shall he Sccomi Scimduio.

sent to any such public industrial school as aforesaid.

20. The Ministi'r may order the removal of any child from any ciiiuiron imiy i>c

public industrial school to another public industrial school, and ‘'very

superintendent of any school to which any child is so removed shall sciiooi to another,

have the same custody and control of such child as if such child had	14.
been ordered to be sent to such school in tlie first instance.

21. Tlie IMinister may, on any order being made hy any two Minister may vary

justices directing any child to he sent to any public industrial school,

and before such child is so sent, hy writing under his hand e n d o r s e d 3.15.

on such order, direct such child to ho sent to any other public

industrial school th;m tlu' one mentioned in such order, and such

endorsement

350   Act No. 38, 1901.

Heformatory and Industrial Schools.

endorsement shall have the same effeet as if the order had directed the child to he sent to tlie j^ublic industrial school mentioned in such endorsement.

Governor may order ll;e

discharge of any child. 22. The Governor may order any child sent to any public

30 Vic. No. 2, 8. 16.	industrial school to he discharged therefrom at any time.
age of eighteen to be

No child abore tlie 23. Xo child shall in pursuance of this Act be detained in any

detained.	public industrial school against his consent, after ho has attained the
Hid. s 17.	age of eighteen years.
Children may bo

removed from ]niblic 24. The Minister may, hy writing under his hand, remove any

to private industrial	child originally sent to a public industrial school in pursuance of this
school or from one
school to another,	Act therefrom to a private industrial school, and may remove the child
2 hid. s. 20.	so sent to such private industrial school from such school to another private industrial school, or back to a jnihlic industrial sehool, so that tlie whole period of det'cntion of such child at industrial schools is not thereby increased :
Provid(!d that on sending a child to a private industrial school the Minister shall select, if possible, an industrial sehool conducted in accordance with the religious pei’suasion to which the child or the parents of the child may appear to him to belong.
Minister may direct

children ordered to be 25. The Minister may, on any order being made hy two justices,

sent to a public	for the sending of any child to any public industrial school, and before
industrial school to
be sent to a private	such child is so sent direct, hy writing under his hand endorsed on
industrial scliool.	such order, and subject to the direction as to religion contained in the
Ihid. s. 27.	last preceding section, that such child shall he sent to any private industrial school, and such endorsement, as well as any other order made by the Minister for sending any child to any private industrial school shall liave the same elfcct as to placing the child named therein under the custody and control of the manager of such private industrial school, as the original order for placing such child in a public industrial school would give the superintendent thereof.
Male child under six

years may be sent to 26. (1) The Minister may direct any male child under the age

school for females.	of six years, who has been ordered to he sent to an industrial school,
Ihid. 8. 20.	to be placed in the charge of tlie superintendent or matron of any
30 Vic. No. 4, s. 10.	female industrial sehool, there to be detained for such time as the
34 Vic. No. 4, 9. 1,	Minister may think desirable, or until such child has reached the ago of seven years, and afterwards to cause such child to he removed to a male industrial school, to he detained therein or in some other male industrial school, in accordance with the provisions of this Act. Every such child, while in any such industrial school, shall he subject to all the regulations of such school, so far as the same are applicable.
(2) Except as in the preceding subsection provided, male and ft'inalo children shall not bo sent to the same reformatory or public industrial school.

PART

Act No. 88, 1901. 851

Heformatory and Industrial Schools.

PAllT IV.

Discipline and conlrihnlion.

27. Any offcncTn- in any reformatory school who ahsconds tliere- Abseondor from

from, or neglects or refuses to conform to the rules tliCreof, may he

taken before any justice', and on proof on odth of sucli alisconding, 30 auc. No. 4, s. 12.

iK'glcct, or refusal, siu'h justice may commit such offender to gaol for

any period not exceeding three months, such period of imjirisonment

to bo passed as far as practicable in strict separation, and such olfi'iuh'r

shall at the termination of such imprisonment be returned to such

reformatory school there to complete the full term of his scntenci'.

28. The superintendent of any puhiic industrial school shall Custody of obiidmi

have the custody and control of every child sent to such school until

such child attains the ago of eighteen years, or is discharged or 30 vic. xo. 2, s. 7.

ap})rcnticed.

29. If any child sent to any puhiic or private industrial sehool Child dcscrUu<; muy

shall before such discharge or apprenticing be absent therefrom Avithout

‘‘i>i»'‘̂’iiendod.

the IcaA'cof thesupcrinteudentormanager,anyconstablemayapprohend

' ‘

and convey such child to such school to bn delivered into the custody

of such superintendent or manager.

30. Any justice may, on oath made before him that any child ''i-vv is'uc ins

has left any public or priA'atc industrial school Avithout the leave of the

superintendent or manager thereof, issue his AÂ arrant directing such md. ss. 9, 29.

child to be apprehended and taken back to such school and delivered

into the custody of such superintendent or manager.

31. The superintendent of any public industrial sebool or the SuiKu-iuiciKkmi may manager of any private industrial school may punish any child above

the age of ten years, Avho leaves such school Avithout permission, by

ggj’jo, 29.

placing such child in close confinement for any period not exceeding

fourteen days.

32. (1) Every offender sent to any reformatory school, and Religious loadiing. every child sent to any ]mblic industrial school, shall, so far as religious	s. is.
teaching is concerned, be placed under the guidance and control of (dergymen of the jicrsuasion to Avhich the parents of such olTender or
child belong, or in wliich such offender or child has been lirought up.

(2) In the event of such parents or their religious persuasion

not being known, and of the offender or child not having been brought up in any religious persuasion, then as far as religious teaching is concerned—

(i) such offender shall be placed under the guidance and control of the clergyman of such jicrsuasion as the IMinister may direct, unless such offender himself states some persuasion in Avhicb he desires to be educated ; and

(ii)

352   Act No. 38, 1901.

Heformatory and Industrial Schools.

(ii)  sucli child shall, if uncler the age of twelve years, he placed under the guidance and control of the dergymen of such persuasion as the Minister may direct, hut may on attaining the age of twelve years select the persuasion in which he desires to he educated, and if at any time the religious persuasion of such child or of his parents shall become known to the Minister, he shall at once order the child to be placed under the guidance and control, as far as religious teaching is concerned, of clergymen of such persuasion.

Parent maj be	33. The father, or, if the father is dead, the mother of any
ordered to eontribulc

to the maintenance of	offender sent to any reformatory school, or of any child sent to any
child.	industi'ial school, may he summoned at the instance of the superin­
30 Vic. No. 2, ss. 19,
32.	tendent of such school to appear before any two justices to show cause
30 A'ic.No.l, ss .9 ,U .	why he or she should not contribute to the maintenance of sudi offender or child, and if such justices arc satisfied that the defendant in any such case is able to contribute to the maintenance of such offender or child, they may order that the defendant shall contribute for such period as they may direct such weekly or other sum not exceeding ten shillings per week as they may find the defendant able io pay towards such maintenance. Such contrilmtion shall he paid into the Treasury and form }>arf of the Consolidated llevenuo Fund, and may he enforced in a summary way according to the provisions of the Acts regulating proceedings before justices.

ChiUl may be 34. (1) The superintendent of any puhiic industrial school und(;r

apprenticed.

this Act may hy indenture hind or cause to be hound any child under

30 Vic. No. 2, s. 11.

his care and control, in accordance with and suhjeet to the provisions

of the Apprentices Act, 1891.

Ajtprentiee may be

punislied for (2) Any child so apprenticed shall he liable to he proceeded

misconduct.

against and punished for absconding, or for other misconduct, in the

/did. 8. 12.

same way as any child apprenticed by his father with such child’s

consent.

Justice may put an35. Any justice, upon complaint made to him by the superin-

oiuitoappronticcshii). |̂ L>ndcnt of aiiv sucli schoul tluit anv person to whom any such child

' ■ ® has been apprenticed is not performing the conditions of such indenture, or is unfit, to have the further can; or control of such a])prentice, may summon such person to appear before him or any other justice to answer such complaint, and on proof thereof on oath may order such apprenticeship to he put an end to and may direct the apprentice to he sent back to such school, and such child shall thereupon ho subject to the like custody and control as under the original order hy which he was sent to such school.

PART

Act No. 3<S, 1901. 853

Hoformalorij and Industrial Schools.

PAllT V.

Evidence and general inomstons.

36. Whenever the Arinistcr in pursuance of this Act grants a Orant ov wUhdr.nvui

certillcat(' to, or withdraws it from anv private industrial sclio()l, he . . . . , , * ' • 1 j * 1 1 5 )ml)li.<hed m tlje

sluiil ivitlim one month cause a. notice or such grant or AVitlidraAval to Gu/aUc.

be pnhlished in the (lazettc, and such notice or an attested co])v of the :*'» VU'. No, l

’, ss. a:!,

ccrtilicate shall he evidence of the facts tlierein stated in all Courts

and proceedings.

37. The order made hy justices sc'uding any child to a public ErrmofoniiT

industrial school, or by the JMinisti'r sendiiig any child to a pri\aite

industrial school, shall be forwarded to the su[)erintcndcnt or manager	g. 3 .̂
thereof, and shall he a sullicient warrant for tin; detention of the child.

38. The parent or guardian of any child detained in any puhiic I’aicni. nmy iipjii.y

or private industrial school may make application to any two justices

for the possession of such child, and the justices may if they think lit,	̂
upon payment by the applicant of such sum, and upon ])erf()nnanc(! hy him of any other conditions the said jusiices may impose and determine, order the said child to be restored to such applicant.

39. The production of---- C, rtiiin unleis ami

" - - - - - - copies to be cvidt'iico.

(c) the order under -which any child has been sent to, or is 30 Vie. No. 2, 3 . 35.

detained in any public or private industrial school; or

(/;) a copy of such order wdth a memorandum signed by the superintendent, manager, master, or matron of any such school stating that the child named in such order ivas duly received into, and is at the time of the signing thereof detained in such school, or has been otherwise disposed of according to la-w ; or

(c) any order made under this Act, or a copy thereof certilh'd by the justices making the same, or the clerk of petty sessions at the Court at which the same was made to be a correct copy,

shall in all Courts and proceedings be evidence—■

(1) of the due making and signing of any sucli order, memo­ randum, or certificate, and

(2) of the sending, detention, and identity of the child or parent

named in any such order, memorandum, or ccrtilicate,

without proof of the signatures of the justices or other pm'sons

piirjiorting to have signed the same.

40 . Ao summons, notice, or order made for the purpose of rroccedings not to iio

carrying into effect any of the provisions of this A ct shall be invalidated	for want of
for want of form only, and the form in the Second Schedule to this	g 26.

Act, or any form to the like eifect, may be used in the case to which 30 vie. No. 4, s. 15. it refers, and when used, shall be deemed sufheient.

z PATIT

354   Act No. 38, 1901.

Heformatory and Industrial Schools.

PART VI.

Penalties and procedure.

Poiialty for assisting

absconders from	41. Any person who, directly or indirectly, withdraws an before the expiration of the period for which he has been directed to be kept there or to his being duly discharged, or induces or aids him to abscond, or knowingly conceals or harbours him, or in any way prevents his return, shall, for every such offence, be liable to a penalty not less than five nor more than fifty pounds or to imprisonment for any period not exceeding three months.
reformatory schools.	offender from any reformatory school to which he has been sent,
30 Tie. No. 4, 8. 13.
absconders from
Penalty for assisting	42. Any person who, directly or indirectly, withdraws any child before such child has attained the age of eighteen years or has been duly discharged, or induces or aids him to abscond, or knowingly conceals or harbours him, or in any way prevents his return, shall, for every such offence, be liable to a penalty not exceeding five pounds or to imprisonment for any period not exceeding twenty days,
industrial schools.	from any public or private industrial school to which he has been sent,
30 Vic. No. 2j e. 31,

SCHEDULES.

r iE S T SCHEDULE.

Reference to Act. Title or sliort title. Extent of repeal.

15 Vie. No. 2 ... An Act to make further provision for the Section 2, except

apj)renticiiig of the children in the male and	so far as it relates
female orphan schools and other poor children.	to apprentices.

30 Vic. No. 2 ... Industrial Schools Act of 1806 ...	...	... The whole.
SO Vic. No. 4 ... Eeformatory Schools A-ct of 180G	...	... The whole.

34 Vie. No. 4 ... An Act to amend the Industrial Schools Act of The whole.

1800.

37 Vic. No. 14 ... Prisons Act of 1874 ... ... ... ... The unrepealed

portion.

SECOND SCHEDULE.

W i ieheas A.IL, a cliild under the age of sixteen years, lias this day boon proved to

the satisfaction of us, two of His Majesty’s justices of tlie peace, to be living under the following conditions [here describe the conditions established as nearh/ as maij he in

the words o f the Acti], Now, we, the said justices, do hereby order the said A.B. to be

sent to the public industrial school at [here mention the locality o f the school^, there to remain under the custody and control of the superintendent thereof pursuant to the Act of Parliament in such case made and provided.

Given under our hands and seals at this day of a.d.

C.D., J.P .	(l.s )
E.F., .J.P.	(l.s.)

Act