State Children Act Amendment Act 1926 (WA)

No. 31.1 State Children. [1926.

STATE CHILDREN.

17° GEO. V., No. XXXI.

No. 31 of 1926.

AN ACT to amend the State Children Aet, 1907-1921.

[Assented to 8th December, 1926.]

BE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

Council and Legislative Assembly of Western Australia, in

this present Parliament assembled, and by the authority

of the same, as follows :-

Short title and

This Act may be cited as the State Children Act Amendment Act, 1926, and shall have effect and be deemed to have had effect, as regards sections six, nine, and thirteen, as from the commencement of the State Children Act Amendment Act, 1921 ; and so far as regards sections five and seven, as from the commencement of the State Children Act Amendment Act, 1919 ; and so far as regards sections three, eight, and fourteen, from the com- mencement of the State Children Act, 1907 ; and so far as regards the other sections, shall have effect as from the commencement of this Act.

commencement. 1.

Citation of 2.

The State Children Act, 1907-1921 (reprinted in the 1921-1922 Sessional Volume of the Statutes and herein. after called " the principal Act "), and this Act may be cited together as the State Children Act, 1907-1926.

Principal Act and

amendments.

Amendment of 3.

Section four of the principal Act is hereby amended by the excision of the words " the person admitting himself to be or adjudged by a competent court to be," in the interpretation of the words " near relative," and of the word " or " after the words " uncontrollable child " in the interpretation of the words " State child."

See. 4.

See S.A. No. 641,

1926.] State Children. [No. 31.

4. Section nineteen of the principal Act is hereby Amendment of

amended-

(i) by the addition to subsection two of words as

follows :-

" and may appoint any person to be the clerk

of any court."

(ii) by omitting all the words in subsection five after the words " special magistrate " in line five, to the end of the subsection, and by inserting in place thereof the words " if present shall prevail, but if a special magistrate is not present, the' case shall be re-heard and determined in the presence of a special magistrate."

5. Section twenty of the principal Act is hereby itm e otent of

amended by substituting for the word " justices " the word " members," and by inserting in paragraph (b) thereof, after the figures " 1907," the words and figures " and Section 2 of the Public Education Acts Amend- ment Act, 1919."

6. Section seventy of the principal Act is hereby !Lom e tent of

amended-

(i) by the excision of the words " to the Department or to the governing authority," and the sub- stitution of the words " in the case of a State child, to the Department or a governing author- ity, or, in the case of any other child, to the Department, or to the complainant, or any person whom the Court shall select."

(ii) by the addition of a subsection as follows :-

(4) The Court may at any time and from time to time alter any order made hereunder so far as regards the recipient of the money payable thereunder, and in par- ticular may direct, in the case of a child in respect of whom an order has been made and who has become a State child after the making of the order, that the money payable under such order shall be paid to the Department or a governing authority.

Amendment of

7. Section seventy-two of the principal Act is hereby amended by the addition of a subsection as follows :- sec. 72.

(5) When an order made under this part

directs any person to make periodical

No. 31.] State Children. [1926.

payments, and such person is at any time in default in respect of more than one periodical payment, such person shall be liable, in respect of the aggregate amount in payment whereof he is so in default as aforesaid, to such process of execution and period of imprisonment, or to such imprisonment only, as he would be liable to if he were in default in respect of one payment equal to the said aggregate amount.

Amendment of

see. 74. 8.

Section seventy-four of the principal Act is hereby this section shall be made," and by the substitution of the words following, that is to say-

See S.A. No. 1341, amended by the excision of the words " no order under " the Court may adjudge him to be the father thereof, but shall not so adjudge him or make any order against him under this Part "-

86.

and by adding to the said section the following words, namely, " Provided that the allegation in the complaint that the defendant is of sufficient means to maintain the child shall be received as prima facie proof thereof ; and the onus of proving that the defendant is not of sufficient means to maintain the child shall lie upon the defendant."

Itnendmentjof 9.

(1) Section seventy-five of the principal Act is hereby amended by the insertion in subsection three, after the word " Department," of the words " or to such person as the court may think fit to select as recipient of the moneys."

me. 75.

(2) The said section seventy-five is further amended by the addition of subsections as follows :-

(5) In case any doubt or question shall arise as to the disposal of any moneys paid for confinement expenses, the Court may by subsequent order direct how and in what manner such moneys shall be paid or applied.

(6) The Court may, in case of the death of an illegitimate child, make an order against the father of such child for the payment to the Department, or to such person as the Court considers entitled to receive the money, of a reasonable sum for the funeral expenses of such child.

1926.] State Children. [No. 31.

10. Section seventy-six of the principal Act is hereby sAem megment of

amended by the insertion after the word " secretary " of the words " or the clerk of the court " ; and by the insertion, after the word " Department," in subsection two, of the words " or to the person in whose favour an order is made in respect of such money or property under section seventy-seven."

11.    Section eighty-two of the principal Act is hereby Ang.it of

amended by the insertion in line four of subsection one and in, line six of subsection two, after the word " secretary," of the words " or the clerk of the court."

12.    Sections eighty-three, eighty-five, eighty-six, eighty- ten:28re:: g

seven, and eighty-eight of the principal Act are hereby anc1.88.,

amended by the insertion after the word " Department " wherever it occurs therein, of the words " or the clerk of the court."

Sections are hereby added to Part V. of the prin- cipal Act, after section eighty-nine, as follows :-

Adding of new

section to Part V.

This Part to applyto maintenance

orders under

13.

89.A. The provisions of this Part relating to main- tenance orders shall, so far as practicable, apply to and in respect of any order for maintenance or edu- cation for the time being in force made under the Bastardy Laws Act, 1875.	Bastardy
Act, fina
89B. Any complaint necessary to obtain an order under this Part may be laid by or on behalf of any person, institution, department, or body interested in obtaining the order, or by or on behalf of any person who is or was a near relative of the child in respect of or with reference to whom the order is sought to be obtained.	Complaints.

Section one hundred and twenty-nine of the prin-

cipal Act is hereby amended by the addition of a paragraph

as follows :-

Amendment of

sec. 120,

14.

" This section is without prejudice to the enforce- ment of orders in manner provided in this Act or the Justices Act, 1902, and its amendments ; but no person shall be liable to proceedings both under this section and by way of enforcement in respect of the same default."