State Children Act Amendment Act 1919 (WA)

No. 21.] State Children. [1919.

STATE CHILDREN.

10° GEO. V., No. IX.

No. 21 of 1919.

AN ACT to amend the State Children Aet, 1907.

[Assented to 15th November, 1919.]

BE it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

Short title. 1. This Act may be cited as the State Children Act Amend-

ment Act, 1919.

2. The State Children Act Amendment Act of 1915 is

Repeal of Ste	ta
Children Act

Amendment	hereby repealed.
Act, 1915.

3. Section four of the State Children Act, 1907 (herein-

Amend ment of

section 4 of

principal Act. after called the principal Act) is hereby amended as fol-

lows :—

(i)    By the insertion in the definition of the expression "State child" after the words "neglected child" of the words "or an incorrigible or uncontrollable child, or who has been convicted as such."

(ii)    By the substitution of the word "six" for the word

"three" in the definition of "Foster-mother."

Addition of

section to Fart 4. The following section is hereby added to Part TR of

the principal Act:,

Special magis-

trates may	17a. A special magistrate or any member of the
visit institu-

tions.

Children's Court authorised in that behalf by the Gov-.

ernor shall have the right at any time to enter, visit, and

inspect any institution.

Substitution of 5. Section eighteen of the principal Act is hereby repealed	new section for
section 1a and the following section substituted therefor:—

1919.] State Children. [No. 21.

Children's

18. ( I.) The Governor may by Order in Council estab- lish special Courts to be called Children's Courts, and may appoint a special magistrate for any particular court or courts, and may. by Order in Council from time to time determine the area in and for which each court shall exercise , jurisdiction. Courts.

(2.)

The Governor may also appoint such persons, male or female, as he may think fit, to be members of any par- ticular Children's Court, and may determine the respec- tive seniorities of members heretofore or hereafter ap- pointed.

(3.)

No Children's Court shall be competent to exercise its jurisdiction unless there be present the special magis- trate or at least two members: provided that in cases under the Bastardy Laws Act, 1875, the special magis- trate shall he one of the members of the court hearing such cases.

(4.)

If for any reason it is not convenientfor the special magistrate of any court to attend any particular sitting of the court, the special magistrate of any other court may attend and act in his place.

(5.)

When the persons sitting as a Children's Court are divided in opinion as to the decision to be given on any question, the question shall be decided according to the opinion of the majority, if there is a majority, but if the court is equally divided in opinion, the opinion of the special magistrate, or if there is no special magistrate

present, the opinion of the senior member present shall

prevail.

(6.)

Subject to this Act, all the provisions of the Jus- tices Act, 1902, shall apply to the proceedings, orders, and convictions of Children's Courts, and for the purposes of this Act the special magistrate of a court shall have the powers of a police magistrate throughout the State, and every member of the court shall have the powers of a justice of the peace in and for the area of the court, and every such court shall be deemed to be a court of summary jurisdiction.

6. Section nineteen of the principal Act is hereby amended

Amendment of

section 19.

by the addition of the following provision :—

"and (c) shall hear and determine all complaints and applications under the Bastardy Laws Act, 1875."

No. 21.] State Children. [1919.

NOiss m on s to 7• Where the offence charged against a child does not

be sued m cer-

tain eases• amount to an indictable offence, or where the alleged offence

consists of the breach or non-observance of some by-law, rule, or regulation promulgated by virtue of a statute, no sum-. mous shall be issued or served upon such child unless a notice has been first posted to or served upon such child at its usual place of residence, and such child has failed to appear in re- sponse to such notice.

In committing

to an institu-	8. The court in committing any child to an institution shall
tion, court to

have regard to	have regard to the future welfare of such child, and may
She child.
the future of	direct such child to be detained in one of the institutions sche- duled in the State Children Act, 1907, or in some other insti- tution, as the Governor may approve at which such special training and supervision can be provided as may best meet the needs of any special case.
Court may

refrain from im.9. Notwithstanding the provisions of any Act, by-law,

loenrtmonnes.h: rule, or regulation, the court in awarding punishment or pen-

alty upon any child may have regard to the antecedents, char- acter, age, health or mental condition of the child convicted, and may take into account the nature of the offence or any special circumstances of the case, and such court may, not- withstanding the nature of the evidence adduced, refrain from imposing any punishment, penalty, or fine, or without pro- ceeding to conviction dismiss the complaint.

section 24. Amendment of 10. The following paragraph is hereby added to section

twenty-four of the principal Act-

or (c) Released on probation on such conditions (if any)- as the court may order, and in such case the child shall be subject to the supervision of the Department until such child attains the age of eighteen years, or dur- ing such shorter period as the court may think sufficient.

Amendment Of	Section twenty-four of the principal Act is hereby amended by inserting in subsection (b), in last line, after "eighteen years of age," the following words: "or during such shorter period as the court may think sufficient."
section 24,
Court may	11. The court, on application made by the Department or by the parent or guardian of any child against whom an order may be made under this Act, may rehear the case and may make such recommendation to the Minister thereon as may in its opinion meet the circumstances.
rehear Case,

1919.] State Children. [No. 21.

12. Section twenty-six of the principal Act is hereby ATA,"21,

amended by inserting in subsection (a), after "eighteen years," the words: "or during such shorter period as the court may think sufficient"; subsection (c), after the words "eighteen years," the words: "or during such shorter period as the court may think sufficient."

13. Section twenty-eight of the principal Act is hereby .hienellornet of

amended by inserting in subsection (a), after the words "eighteen years," the words: "or during such shorter period as the court may think sufficient"; subsection (d), after "eighteen years," the words: "or during such shorter period as the court may think sufficient."

14. The following sections are hereby inserted in the prin- Insertion of new section after

cipal Act, after section twenty-eight:— section 28.

28a. No child shall be liable to imprisonment for fail- phial noli to be

are to pay any penalty, compensation, or sum of money itgiipaymist	c	t
or oss adjudged to be paid by a conviction or order of any court of summary jurisdiction, but shall be liable to be sent to and detained in an institution for such period as he might have been imprisoned but for the provisions of this section, and the provisions of the Justices Act, 1902, shall apply, inutatis mittandis, in respect of such child as if detention in an institution were substituted therein for imprisonment.

28b. Any child may be committed to an institution Committal of a

during the period for which he has been remanded by a inetuntithm.

court or any justice or justices, or during the period 0— 3of11, illOO, No.

his detention on committal for trial in the Supreme Court. 996, s.15.

15. Section twenty-nine of the principal Act is hereby AnAndwit of

amended by the insertion of the words "twenty-four," be- se

tween the words "section" and "twenty-six," and also be-

tween the words "sections" and "twenty-six."

16. Section forty-six of the principal Act is amended by teutsrenotrof

the principal

the addition of a proviso, as follows:— Act.

Provided further that all accounts under this section shall be audited at prescribed periods by the Auditor General.

17. Section fifty-eight of the principal Act is hereby Amendment of

amended by striking out the words, in the third line, "until "'on'

he shall attain the age of fourteen years."

18. Section sixty-two of the principal Act is amended by terculdasInt of

adding the following subclauses to stand as subclauses (2),

(3), and (4),:—

No. 21.] State Children. [1919.

Enforcement of

maintenance	(2.) A maintenance order made under this Act shall direct that on default being made in payment of any sum of money or costs thereby ordered to be paid, the same shall be recoverable by execution against the goods and chattels of the person liable, and that in default of pay- ment and of sufficient goods and chattels he shall be im- prisoned for a period determined by the court in accord- ance with the provisions of section one hundred and sixty-seven of the Justices Act, 1902, and subject to the provisions of that section: provided that the court may,
orders.
in lieu of directing that such sum of money or costs shall
be recoverable by execution, direct that in default of payment the person in default shall be imprisoned as aforesaid: And the maintenance order shall direct, with regard to any periodical payments thereby ordered, that whenever and as often as default is made in any such periodical payment, the person in default shall be liable to such process of execution and imprisonment, or to such imprisonment only, as aforesaid.
(3.) Every such maintenance order shall have effect according to its tenor.
(4.) The provisions of this section shall be without prejudice to any other provision of this Act.

Insertion of 19. The following section is hereby inserted after section

new section

after section 61. sixty-one of the principal Act:—

Order may be	61a. An order may be made under section sixty-one in,
ceedings under

made in pro-

sections 24, 26,	any proceedings under section twenty-four, twenty-six,
and 28.	or twenty-eight without any complaint having been made
Q. Vic., 1915,
No. 2703, s. 45,	against or summons served on the near relative, provided that he is either present in court when the order is applied for or that he has received the prescribed notice of the intention to make the application.
Amendment of

Section eighty-three of the principal Act is hereby amended by inserting the following words: in line five, after the words "eighteen years," the words: "or during such shorter period as the court may think sufficient."

section 83. 20.

Amendment of 21. Part VII. of the principal Act is hereby amended as

Part VII.

follows :-

(i.) By the addition to the title of the words "and Renfrictions on Employment of Children";

1919.] State Children. [No. 21.

(ii.)

By the substitution of the word "twelve" for the word "ten" in section ninety-four;

(iii.)

ninety-five of a paragraph as follows :—" or (c) who is

under the age of twelve years ;"

By the insertion after paragraph (b) of section

(iv.) By the addition of the following section:-

95A. No person shall--	Begging or
performing by

(a) cause, procure, suffer, or allow any child under children under sixteen

the age of sixteen years to be in any place fr

whatever for the purpose of begging or receiv- 23,. 47	NM No.,
ing alms or inducing the giving of alms, whe- ther under the pretence of singing, playing, performing, offering anything for sale, or otherwise; or

(b) cause, procure, suffer, or allow any child under Work' connected

fourteen years of age to be employed or en- Vrreenhorses e hmi

gaged in any work in or about any racing =

Wren

stable, or in connection with the training of

horses for racing; or

(c) except with the license in writing of the Minister, and subject to such restrictions and conditions as may be therein expressed, cause, procure, suffer, or allow any child under the age of six- teen years to be in or on any premises or place used or intended to be used for the purpose of any public entertainment for the purpose of singing, playing, or performing for profit or reward to the child or to any other person, or offering anything for sale: provided that this provision shall not apply in the case of an occasional entertainment, the proceeds of which are intended to be applied for the bene- fit of any school or charitable or patriotic ob- ject.

Penalty: Twenty pounds.

22.   The title of Part VIII. of the principal Act is hereby Alteration of

altered by the addition of the words "and the care and viii f Part

adoption of children."

23.    Sections ninety-seven, ninety-eight, ninety-nine, and gerea, of see.

one hundred and five of the principal Act are hereby repealed. taln7107: 98, 99,

24.    Sections one hundred, one hundred and one, and one , tmendment of

hundred and two of the principal Act are hereby amended by

au

the substitution of the word "six" for the word "three,"

wherever such latter word occurs therein.

No. 21.] State Children. [1919.

Insertion of new 25. The following section is hereby inserted in the win-

section to stand

as 105.	cipal Act, and shall stand as section one hundred and five:—
Pieces for re-

ception of child-	105. (1.) No person shalt keep, use, or manage any house, room or place for the purpose of receiving or keeping in his care, charge, or custody two or more child-
ren under six
to be licensed.

CI. N.S.W.	,
1904, No. 27	, s.

27.  ren under the age of six years in order to rear, nurse, or otherwise maintain such children apart from their res- pective parents, except pursuant to a license granted for the purpose by the Secretary.

Penalty : Twenty pounds, or for a second offence im-

prisonment with hard labour for three months.

Subject to this Act, the Secretary may on applica- tion grant a license without fee authorising the person named in the license to so receive and keep children as aforesaid, and to keep, use or manage for that purpose such house, room or place as is named in the license.

(2.)

Every application for such a license shall be made during the currency of the calendar year in Which the license is to have effect, or in the month of December pre- ceding that year, and every such license which shall be granted shall, subject to this Act, have effect -for and dur- ing that year or the unexpired portion thereof, and no longer.

(3.)

The Governor may by regulations provide for the supervision and inspection of places licensed under this section, and prescribe what requisites Must be complied with as regards the structure, maintenance, and man- agement thereof, and may by any regulation direct that a license shall be refused in respect of any place regarding which the regulations are not complied with, or that a license shall be refused to any person, or in respect of any premises for any prescribed reason, and the Governor may prescribe a penalty of not more than Ten pounds for the breach of any regulation made hereunder.

(4.)

If it shall appear that any person has been guilty of neglect to provide or is incapable of providing the children in his charge with proper food or attention, or that the place in respect of which he is licensed is unfit for the purpose for which it is used, or that he has not com- plied with the regulations, or that for any other reason it is not desirable that the license granted to such person -ball continue, the Secretary may cancel such license, and

(5.)

1919.) State Children. [No. 21.

remove the children to an institution, and recover the cost of and incidental to such removal from the licensee by action in any court of competent jurisdiction; but such licensee may appeal to the Minister against such cancel- lation in the prescribed manner, and the Minister may re- verse or confirm the cancellation and restore the license, and make such other order (including the restoration of the children) as may be just.

(6.) This section shall not apply to any person who merely receives into his care or keeps in his charge chil- dren of whom he is a near relative, or to any person who, being licensed as a foster-mother under this Act, merely takes the care, charge or custody of children pursuant to her license, or to any person merely receiving into his care or keeping in his charge any children as lodgers, boarders, or scholars in the establishment of any school recognised by the Minister for Education as giving efficient instruction for the purposes of the compulsory section of the Public Education Act, 1899, or to the keep- ing, use, or management of a house, room, or place for any of the purposes mentioned in this subsection.

26. The following sections are hereby added to Part VIII. Addition of sections to Part

of the principal Act:—

107a. (1.) No person shall, without the permission in 4",Li for p.

Writing of the Secretary, publish or cause to he published tngocrotkoM

any advertisement containing any direct or indirect invi- to 13ere„ ),u4b,birso"„Td

tation to adopt or offering directly or indirectly to adopt a irrid Saracrepti retry,

any child under the age of fifteen years, whether a par- paid. to be

ticular child or not.

Penalty: Thirty pounds.

No person shall, without the permission in writing of the Secretary, publish or cause to be published any advertisement containing any direct or indirect invita- tion to take care of, or offering directly or indirectly to take care of, any child under the age of six years, whether a particular child or not.

(2.)

Penalty: Thirty pounds.

No premium or reward shall be paid or offered to any person for maintaining or taking care of, or under- taking to maintain or take care of, any child under the

(3.)

age of six years, and no person shall offer or =WPflo

No. 21.] State Children. [1919.

to maintain or take care of such a child for a premium or reward: provided that nothing herein shall prevent the payment of a reasonable weekly or other sum approved by the Secretary to any person for taking the entire charge of any such child.

Penalty : Fifty pounds.

(4.) No premium or reward shall be paid or offered to any person for adopting or undertaking to adopt any child, and no person shall offer or agree to adopt any child for a premium or reward.

Penalty: Fifty pounds.

Person adopt-

ing child to	107b. If any person other than a near relative of any child -under six years of age or other than a person ob- taining an order of adoption under the Adoption of Children Act, 1896, and amendments, adopts or assumes the entire charge of such a child such person shall, within seven days of his so doing, give notice of the fact to the Secretary, and shall in such notice state his name and place of residence and his occupation, together with the name, age, religion, and place of birth of such child.
give notice to
secretary.

Penalty : Ten pounds.

Insertion of

new section	27.	The following section is hereby inserted in the princi-
after section

114.            pal Act, after section one hundred and fourteen thereof:-

Managers of

Institutions	114a. When a female State child is detained or resides
and persons

with whom fe-	in an institution, or has been placed out or apprenticed
male State
children are	with or to any person, then the manager or person having
Placed out to
be deemed to
be guardians	the chief control of the institution (being a male) or such
for the pur-	person as aforesaid (if a male) or the husband of such

poses of Crim -

inal Code.	person (if a female) shall be deemed to be the guardian of such child within the meaning of the provisions of the Criminal Code relating to sexual offences by guardians.
Insertion of

new sections	28.	The following sections are hereby inserted in the prin-
after section

117.            cipal Act, after section one hundred and seventeen:-

Homes of ille-	117a. The home or place of residence, and every part
ren under six

gitimate child-

years liable to	thereof, of any illegitimate child under the age of six
inspection.	years, shall at all times be open to entry and inspec-
et S.A., 1909,
No. 990, s. 18.	tion by any female officer of the Department, on the
written authority of the Secretary, and any person who
refuses to allow such entry or inspection to be made, or
hinders or resists any such officer in the making Of,' of
attempt to make, such entry or inspection, or who re-
fuses or neglects to produce such child to any such officer

1919.] State Children. [No. 21.

for inspection by her, upon such production being de- manded by such officer, shall be liable to a penalty not ex- ceeding Twenty pounds.

117b. The occupier of any house or place in which an Zwr len:ilich

illegitimate child is born shall, within three days after the acMegit,;07,:r.

birth, give notice of the fact with the prescribed particu- rtglinotice of

lairs to the District Registrar of Births, Deaths, and Mar- a t vie..1015,

riages :	No. 2600, s. 22.
Provided that if the place of birth is not within a regis- try district, the notice may be given within one week to the Registrar General. of Births, Deaths, and Marriages or the officer in charge of the nearest police station, and provided also that if the mother is the occupier of the house or place, the notice may in any case be given within three weeks.

Penalty: Ten pounds.

117c. The occupier of any house or place in which an Notice of death

illegitimate child dies or into which the dead body of an oaceoltrte

illegitimate child- is brought shall, within twenty-four given.

hours after the death or the bringing into the house or place of such dead body, give notice of the fact with the prescribed particulars to the officer in charge of the near- est police station.

Penalty: Twenty pounds.

117d. The last three preceding sections do not apply Exemption.

to or in respect of any illegitimate child that has been adopted or legitimated, or where the illegitimate child is living With and cared for by its mother.

29. The following section is hereby inserted after section Insertion of new section

one hundred and eighteen of the principal Act:—	after section
118.

118a. (1.) Any person who has, either by wilful mis- 10, a t r ernit i aonr

conduct or habitual neglect, or by any wrongful or 1111- punishable for

moral act or omission encouraged or contributed to the litc,glyel leading

commission of any offence by any child, or caused or s,.uf- of child.

fered the child to become a neglected child, or contri- buted to such child becoming a neglected child, shall be guilty of an offence.

Penalty : Thirty pounds or imprisonment with hard

labour for three months.

(2.) A charge of an offence under this section may be prosecuted, heard, and determined before a Children's Court.

No. 21.] State Children. [1919.

(3.) The court before whom any person is convicted of an offence under this section may (if such person is a parent or guardian of the child), in lieu of or in addition to any other punishment, order the person convicted

(a)

to pay any fine which may have been imposed on

the child for the offence committed by such child;

(b)

to find good and sufficient security to the satisfac- tion of the court that the child will be of good behaviour for a period not exceeding twelve months.

(4.) If the court orders such security as aforesaid, it may suspend any sentence of imprisonment imposed on the convicted person until there has been a breach in the conditions of the security, and on any such breach occur- ring the suspension shall be removed, and the sentence shall become operative and may be enforced, and in that case the period of imprisonment imposed by the sentence shall be calculated as from the date of the offender being actually received into prison.

(5.) For the purposes of this section any person who in fact has the custody, care, or control of any child shall be deemed to be a guardian of such child.

Citation and	30. All copies of the principal Act hereafter printed by
reprint of

principal Acts	the Government Printer shall be printed as altered by the
and amend-
ments.	existing amendments (including this Act) under the super- vision of the Clerk of Parliaments, and all necessary refer- ence to the amending Acts shall be made in the margin. In any such reprint the short title shall be altered to "State Children Act, 1907-1919," by which title the principal Act and the said amendments may be cited together.