State Children Act of 1911 (2 Geo v No. 11) (Qld)

~ 076 .' BANKS.-CHILDREN. State Ohildren Act. 2 GEO. V. No. 11, 6. After section one of " The Savings Bank Amend- ing Act of 1882,"* the following section is inserted :- foErfxoiemnmteiunrtceiosotmn e other[ 2A.] ctN, nootwsituhmstadnudeinogr paanyyatbhlienog r cpoanidtaionredderiinvedaniyn tax. respect of or from any deposit in a Government Savings Bank shall be or he deemed to be " income" within the meaning of any law relating to income tax, and no such . interest shall be subject to income tax. • CHILDREN. T 2 H N G E e o o S . . T n V A . T . E An Act to ConsotliodaStetaatnedCAhmildernednt.he Law relating ' CHILDREN ACT OF 1911. [ASSENTED TO 30TH NOVEMBER, 1911.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assemb1ed, and by the authority of the same, as follows :- PART 1.- PRELIMINARY. Short title. PART I.-PRELIMINARY. 1. This Act may be cited as "The State Ohildren Aat of 1911." Divisions. 2. This Act is divided into Parts, as follows:- PART I.--PRELIMINARY; PART II.-STATE CHILDREN DEPARTMENT; P AR'.r IlL-INSTITUTIONS; PART IV.-STATE CHILDREN; PART V.-MAINTENANCE OF CHILDREN BY THEIR RELATIVES; PART VI.-FOSTER MOTHERS; PART VII.-GENERAL PROVISIONS. Repesl. 3. The Acts specified in the First Schedule are repealed to the extent therein stated. Interpreta. tion. Authorised officer. 4. In this Act, .unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say;- "Authorised Officer"-An officer of the Depart- ment authorised either generally. under this Act or for any particular purpose by the Director or the Minister; * 46 Vic. No. 2, supra, page 117.

CHILDREN. State Ohildren Act. 5077 PABTI.- PBE'LIlIUNABY. " Child "-A boy or girl under the age or apparent Child. age of seventeen years; "Children's CoUrt "-A Children's Court· consti. Children's tuted as provided by" The Ohildren's Oourts Court. Liat of 1907"* ; "Convicted "-Found guilty or convicted of any Convicted. crime or offence punishable by imprisonment; " Department "-The State Children Department Department. constituted under this Aci ; " Foster Mother"-A female having the care, Foster charge, or custody of a State child to adopt, mother. rear, and maintain it apart from its parents, and not being a relative of such child; "Foster Parent "-A person to or with whom a Foster , I State child is placed out or apprenticed under parent. this Act or under any repealed enactment; "Guardian"-The mother or father of a child or Guardian. the person having by law the immediate custody and control of a child: the term includes a person in loao parentis; " Industrial School" includes all institutions Industrial primarily established or· conducted for the school•. education and training· of State children in the practice of useful arts and callings. ." Inmate"-A State child maintained in an in· Inmate. stitution; " Institution" includes all State institutions estab... Institution. lished or deemed to be established under and for. the purposes of this Act, and an other places for the time being under the super-vision of the Department: where necessaryj the term includes a licensed institution; "Licensed Institution" includes all institutions for Licensed the maintenance of State children which hold Institution• . .a subsisting license under this Act; HMaintenance" includes clothing, nursing, support, Maintenance. medical treatment, necessaries, training, discip. line, and education; . "Minister"-The Home Secretary or other respon· Minister. sible Minister of the Crown for the time being charged with the administration of this Act; . '*' 7 Edw. VII. No. 3, supra, page 1199.

.50'7;8 "pART 1.- .PRELIMINARY. . Near relati,.e.· Neglected child. ,CHILDREN. State Ohildren Ad. 2 GEO. V. No: 11, " Near Relative," as regards a legitimate child- The father, mother, stepfather, stepmother, brother, sister, and grandparent; and as regards an illegitimate child-The mother and the .person admitting himself to be or adjudged by a competent court to be the father; " Neglected Ohild "-Any child who- (a) Habitually begs or receives alms, whether under the pretext of sale or otherwise, or frequents a public place for the purpose of so begging or receiving alms; or (b) Wanders about or frequents a public place or sleeps in the open air, and does not satisfy the court having cognisance of the case that it has a home or a settled place of abode; or c) Dwells in any reputed brothel, or associates or dwells with any person known to the police or to the Department to be a prostitute, whether such person is the mother of such child or not; or (d) Associates or dwells with any person who during the last p:r:eceding twelve months has been convicted of vagrancy, or who is known to the police or to the Department to be of bad repute,!or to be an habitual drunlfard; or (e) Has no sdfficient means of subsistence apparent to the court; having eognisance of the case, and whose near relati ves are, in the opinion: of the court, in indigent circum- stances and unable to maintain the child, or are dead, unknown, "or cannot be found, or are out of Q'ueensland or in the custody of tlie law; or .. (/) Is under the guardianship of any person whom the court considers unfit to have such guardianship; or is living under such con- ditions as to indicate that the child is lapsing or likely to hlpse into a career of vice or crime; or (g) Is illegitimate, and whose mother is dead or is unable to maintain the child; or· (h) Being under the age of fourteen years, sells or offers for sale, between the hours of seven o'clock in the evening and six o'clock in

l!)l L · CHILDREN. 5079 1.- - - - - - ' - - - - - - -~ - - . - - . - - - - - PART ,':;tote Ohildren A.rf. PR~ LlMINARY. the morning, in a public place or in any place other than the child's home, matches, newspapers, flowers, or any other thing whatever; or (i) 13eing of the compulsory school age, is an habitual truant from day school; or (j) Being a girl, in a public place, by day or night solicits men or otherwise behaves iu an indecent, improper, or disorderly manner;, or (k) Not heing the child or ward of the licensee~ is, on more than one occasion and without. lawful excuse, found in the bar, bar- room~ or billiard-room of any licensed victualler or· wine seller, or is on more than one occasion served with intoxicating liquor in or upon the premises of any licensed victualler or wine seller; or (l) Is brought before a c'urt as an uncontrollable child to the intent that such child may be committed; "Place out"-To entrust a State child to the care Pla.ce out. and charge of some person, approved of by the Director, for the purpose of its being maintained by such person or in such person's house, or for the purpose of adoption, training, Mh~ ; . "Police officer"-Any constable or officer of Police officer. police; "Prescribed"-Prescribed by this Act or the Prescribed. regulations; "Public place" includes every road, and also every Public place. place of public resort open to or used by the public as of right: the term also includes- (a) Any vessel, vehicle, building, room, licensed premises, field, ground, park, reserve, garden, wharf, pier, jetty, platform, market, passage, or other place for the time being used for a public purpose or open to access by the public, whether on payment or otherwise, or open to access by the public by the express or tacit consent or suff~ rance of the owner, and whether the same is or i's not at all times so open; and B

5080 PART 1.- ~ RELIMINARY. CHILDREN. State Ohildren Act. 2 GEO. V. No. 11, (b) Anyplace declared by the Governor in Council, by Order in Council, to be a public place for the purposes of this Act; Reformatory. "Reformatory" includes all institutions primarily established or conducted for the benefit of convicted children; Regulations. " Regulations"-The -regulations in force for the time being under this Act; State ohild. "State Child"-A neglected child, convicted child, or any other child received into or committed to an institution or to the care of the Depart- ment, or placed out or apprenticed under the authority of this Act; This Aot. "This Act" includes regulations and Orders in Council made under the authority of t.his Act. Saving of other Aots. 5. (1.) Save as hereinafter expressly mentioned, nothing in this Act contained shall be construed to repeal or prejudicially affect "The Aboriginals Protection and V"' Restriction of the Sale Opium Acts, 1897 to 1901,"* or "The In/ani Life Protection Act of 1905,"t or " The Children's Courts Act of 1907." ~ (2.) In subsection seven of section thirty-one of " The Aboriginals Protection and Restriction of the Sale of Opium Act, 1897,"§ the words" an orphanage" are repealed, and the words "the control of the State Children Department" IU'f\ inserted in lieu thereof. After section seven of the said Act, the following section is-inserted :-. Governor in f7 A.] The Governor in Council ma~ T, by Order in Capopurnocviel mofay Oouncil, approve of any industrial school, reformatory, or private training home established by private benevolence for the institutions. maintenance, custody, and care of aboriginal and half- caste children by issuing a license to such institution, and, unless and until such approval is withdrawn, such institution shall be deemed to be licensed. Every Order so approving such institution shall name some person as the superintendent thereof. When from time to time the superintendent is changed, the name of every new superintendent shall be submitted to the Minister for his approval. . Upon any change being made in the persons con- stituting the governing authority, the same shall be immediately notified to the Minister. 11< 61 Vie. No. 17 and 2 Edw. VII. No. 1, supra, pages 3 et seq. t I> Edw. VII. No 19, supra, page 166. :t: 7 Edw. VII. No. 3, supra, page 1199. § 61 Vie. No. 17, supra, pl1ge 3.

Hnl. CHILDREN. State C1t.ildren Act. 5081 PART 1.- PRELIMINARY. . Notwithstanding anything contained in "The State .children .Aot of 1911," every aboriginal and half-caste -child for the time being an inmate of such institution -shall be under the control and supervision of the Protector. (3.) In section five of " The Infant Life Proteotion ..Aot of 1UOiJ,"* the word "orphanages" is repealed, and the words "State children" are inserted in lieu thereof. In the second paragraph of section eleven of the said Act, the words "a State inspector of orphanages" are repealed, and the words "the State Children Depart- ment " are inserted jn lieu thereof; also, the word "inspector" is repealed, and the word "Department" is inserted in lieu thereof. (4.) In subsection three of section three of "The Ohildren's OourttJ.Aot of 1907,"t after the word "known," the words "and, if practicable, to an officer of the State Children Department" are inserted. In section five of the said Act, after the words '" guardian of the child," the words" or any representative -of the State Children Department" are inserted. The following provision is added to section six of the 'Said Act:- Such Court may also,· in its discretion, if it considers the charge proved, order the child to be immediately discharged upon probation, for a period to be fixed by 'Such Court, under and subject to "The State. Ohildren ..Aot of 1911," and such child shall, during such period, remain on probation accordingly. PART 11.- STATE PART II.-STATE CHILDREN DEPA.R'r:MENT. CHILDREN DEPARTMENT. 6. For the purpose.s of this Act, there is hereby con- State stituted a Departm~ nt, under the control of the Minister, g! ~ : ~ ent. -called the State ChIldren Department. 7.. The Governor in Council may from time to time Director. appoint a Director of the Department. It shall be the duty of the Director, under the direction of the Minister, to carry this Act into operation so far as the execution thereof is not expressly committed t.o any other person. Until other appointment is made, the person-holding FirstDirector• .at the date of the passing of this Act the office of Inspector "_ of Orphanage~ shall be and act as the Director. .. 5 Edw. VII. No. 19, aupf'a, page 166. t 7 Edw.VII. No. 3, supra, page 1199.

5082 CHILDRE~ . PART II.- . .. - - ~ - - - -~ - - - STATE CHILDREN State Ohilaren Ad. 2 GEO. V. No. 11, DEPARTMENT. ~~ ~ ~ ~- - -- - -- - ~ ~ ~ ~ - - - - - - ~ Inspectors 8. (1.) The Governor in Council may from time to o ~ ffice ~ rs. time appoint visiting justices and inspectors and ot h er officers, with such powers and functions· as he deems necessary to carry out the purposes of this Act. (2.) The Minister may from time to time appoint matrons, warders, and other servants of State institutions. (3.) The Minister may from time to time appoint for any State institution a committee of management, and may prescribe the powers, authorities, and duties of any such committee. Honorary visitors. Duties. 9. (1.) The Minister may from time to time appoint such and so many persons as he thinks proper to be honorary visitors of the Department. (2.) Honorary visitors shall, in accordance with the regulations, assist the Department in procuring and super- vising boarding-out homes, and in the care of the State children sent to such homes, or placed out for hire, or discharged or released on probation under this Act. General 10. (1.) Subject to this Act and the direction of thp- f~ : ~ ~ r~ : tor. Minister, the Director shall have the care, mana~ ement. and control of the person of all State children, whether inmates of an institution or placed out or apprenticed~ until such children attain the age of eighteen years, and shall have the care, management, and control of the property of all State children until such cllildren attain the age of twenty-oIle years. Director to be (:!.) Notwithstanding anything to the contrary con- a g l u l a S rd ta ia te n of tained in any other law relating to the guardianship or children. custody of infants, the Director shall become the guardian of all State children to the exclusion of the parent or other guardian, and shall so conthme, unless the Minister otherwise orders, until the child is discharged: Provided that the Minister may, on or before the discharge of a State child, empower the Director to remain guardian until the child attains the age of twenty-one years, or for such shorter period as the Minister deter- mines, and the child shall, during such period, be subject to the supervision of the Department. , At the passing of this Act, the Director shall become the guardian of every State child. How State 11. Every Sta,te child may from time to time be dealt children may with by the Director in any of the following ways:- be dealt with. -- · · · · · - - { a) Placedm~ - ~ ome rec~ iving dep6t ; Cb) Detained in an institution;

CHILDREN. 508;l unl. PARX II.- State Children Act. SXAXE CHILDREN - - - - - - - - . ~ - - - - - - - - - DEPARTMENT. (0) Transferred, with the approval of the Minister, . from one institution to another; (d) Placed out or apprenticed; (e) Placed in the custody of some suitable person who is willing to take charge of such child. Such action may be taken by the Director without reference to the parents or relatives of the child and without informing them of what has been done. 12. The Director shall keep records of all moneys Record of received and . paid under this Act, and, so far as is known, tSotabtee kcehpiltdren of the names, ages, dates of reception, near relatives, . nationality, sex, religion, and dates of discharge of all State children, and of all dispositions of and dealings with such children. 13. The Director shall in every year report to the Annual Minister on the working of this Act, and shall in such report. report specify the number of children in the several institutions, and the number placed out and apprenticed during the period covered by the report, and set out a summary of the rect'ipts and cxpcnGittlre of the Department during tl:e same period, and any other particulars which the Minister may direct from time to time to be included .in such report. All such reports shall be laid before Parliament. P A.RT IIl.-INSTITUTIONS. • PART III.- INSTITUTIONS. 14. The Governor in Oouncil may, by Order in Establish- Council, establish and abolish receiving depOts, orphanages, ; ne~ t o~ I.ndustr'la1 sch 00 1s, reformta o'rIes, t· r"aInlng homes, tr" aInIng lUstltutlOns. .ships, farm schools, technical institutes, and other institu- tions for the maintenance of State children. All State institutions established under any repealed enactment shall be deemed to be established for their respective purposes under and for the purposes of thIS Act. 15. The Governor in Oouncil may, by Order in Gover~or in CounC'il. , approve . o.f any orphanage' industrial scho. ol' CapopurnocvIel mofay reformatory, trammg home, farm school, techmcal priv:ate. institute, or other institution, established by privatelUBtltuhoDs. . benevolence, by issuing a license to such institution, and, unless and until such approval is withdrawn, such institution shall be deemed to be licensed.

5084 PART 111.- INSTITUTIONS. CHILDREN, State Ohildren Act. 2 GEl). V. No. 11, Every OrdE'r so approving any institution as an institution to arin which State children maybe committed or received shall name some person as the superintendent thereof. When from time to time the superintendent is changed, the name of every new superintendent shall be submitted to the Minister for his approval. . Upon any change being made in the persons con- stituting the governing authority, the same shall be immediately notified to the Minister. The governing authority of every such institution shall, subject to the Minister, have the whole manage- ment and supervision thereof and the appointment of all teachers, officers, and servants thereof; provided that in all other respects, unless otherwise expressly provided~ every such institution and the inmates thereof shall be- subject to the provisions of this Act relllting to State institutions. State aid to 16. '1'ho governing authority of every licensed insti- ilnicsetnitsuetdions. tution shall be entitled to receive, as capitation, from any money appropriated by Parliament for that purpose, for- every State child maintained in such institution until such child attains the age of tbirteen years, unless such age limit hI extended by the Minister as hereinafter provided,. a sum calculated at such rate as the Minister may determine, but not exceeding six shillings a week, or, in . case such child is crippled, invalid, of unsound mind, dumb, or blind, at such greater rate as the Minister- may determine, but not exceeding' ten shillings a week. The Minister may extend the age limit for subsidy in cases of State children who have been returned from service, or who are crippled, invalid, of unsound mind,. dumb, or blind, but shall not extend such limit bevond the age of eighteen years. ~ Accounts to be audited. 17. 'fhe accounts of every licensed institution shaH be audited as directed by the A uditor-General, and the governing authority shall be deemed to be a public accountant within the meaning of " The Audit Act of 1874."* Approval of 18. The Governor in Oouncil may at any time on ilnicsetnitsuetdion, the report of the Director, if dissatisfied with the con- how dition, management, or maintenance of any licensed withdi'awll. '" 88 Vie. No. 12, supra, page 74.

Hlll. OHILDRE~. 50S'5 - - - - ---- - ~ ~ - - - - ~ - - - PART III.- Staff' Ohtldrm Act. INSTITUTIONS. institution, withdraw his approval; and from and ·after notification to that effect in the GalZette, the license shall be deemed to be cancelled: Provided that he shall not withdraw his approval until after the expiration of two months 'from the transmission of a copy of the report aforesaid to thp, governing. authority. P ART IV . - S l'ATE C llILDR ' E N . PART IV.- STATE CHILDREN. 19. Subject to approval by the Minister, anv child C~ .ildren . under th e ag~ 0 f ~ th . I ' f t een years may,· on t.he appll' ca" tI' On 0 f aapdpmliicttaetdioonn. its parent, guardian, or near relative, or any person of good repute, be admitted as a State child ; and any child removedbv the Commissioner of Police to the care of the Departme:r'{t pursuant to" The Infant Life Protection Act of 1905"* shall be admitted as a State child. Every such State child may be dealt with in the same way as any other child committed by a court to the care of the Department. . 20. Any authorised officer and any police officer may., Power to without warrant, take into custody any child appearing or !: ~ !ected suspected to be a neglected child. . children into When any such child is taken into custody pending custody. the hearing of the case or during any adjournment thereof, such child shall be disposed of in one· of the following ways:- Ca) 'Taken to an institution, and placed therein; (b) Placed with some respectable person, pursuant to such arrangement or agreement as is necessary or proper for the ca~ ' e and main- tenance of such child; (c) Placed in the dwelling of a police officer at prescribed charges; (d) Placed in a police prison or lock-up and kept apart from othel' prisoners: Provided that no child will be detained in a police prison or lock-up unless the charge pending is of so serious a nature that his safe custody is of paramount importance. Immediate notice of such taking into custody shall, where practicable, be given to the Department, in order that, if necessary, an authorised officer may attend the hearing of the case. " 5 Edw. VH. No. W, .ttp,·a, pa,,;e 166.

5086 CHILDHE~. PART IV.- STATE CHILDREN. State Ohildrel~ Atlf. 2 Gw. V. No. 11, - - - .. _._._--_ .... _ ... _----_._-- ... _ ... _ - - - - - - - - - - - - - - - - - - Powers of court with respect to neglected children. . 21. A Children's Court, upon complaint being made and upon being satisfied that any child is a negl~ cted child, shall make an order that such child is a neglected child, and may order such child to be- (a) Committed to the care of the Department; or (b) Sent to some institution to be specified in the order, there to be detained or otherwise dealt vdth under this Act. Order for detention. 22. Whenever a child is committed to the care of the Department, the order of committal shall be sufficient authority to any police officer or officer of the Department to take the child to such institution as the Director indicates, or, in default of any such direction, to such institution as is nearest and most convenient. How uncon· 23. Any parent or near relative of a child, or any tedrheo I . alllldtambwJeaityh. h e pa I uat ' hmotrisberdm . gofaficcehr,ildor baefnoyrepaonliyceChofilfdicreern'smaCyoubrty acsoman- uncontrollable child, and the court, upon being satisfied of the fact, shall make an order that such child is a neglected child, and may- (a) Order the child to be sent to an institution to be there detained or otherwise dealt with under this Act; or (b) Relea,se the child on probation on such conditions (if any) as the court may order, and in such case the child shall be subject to the care of the Department until he attains the age of eighteen years: Provided that, when an order of committal of a child is made on the application of his parent or near relative, the court may require the applicant to give security to the satisfaction of the court for the making of such payment as in the opinion of the court the applicant is able to afford towards the maintenance of such child. How. . 24. If any child is convicted, the court having ~ ~ l~ ~ l~ ! ! dlliay ~ ogn~ sance of the case shall not sentence such child to be dealt with. ImprIsonment, but shall- (a) Commit such child to the, care of the Depart- ment; or (b) Order such child to be sent to a reformatory or industrial school, and to be there' detained or to be otherwise dealfwith under this Act; or

_ - L I _ _ _ _ _ _ " 1191 L , CHILDREN. State Children Act. 5087 PART IV.- STATE CHlLDREN. (c) Order the parent to give security for the good "bebaviour of such child until the child attains the age of eighteen years or during such shorter period as the court thinks sufficient, and, upon being satisfied that such security has been given, may dismiss the charge; or (d) Adjourn the case on a near relative under- taking to punish the child in such reasonable and moderate manner as the court mav approve, and, upon being satisfied that such punishment has been duly inflicted, may dismiss the charge; or "{e) Release the child on probation on such con- ditions (if any) as the court may order, and in such case the child shall be subject to the care of the Department until he attains the age of eighteen years; and (f) In every case where practicable obtain the name and place of abode of the parents or guardians of the child, and enter the same upon the records of the court; Provided that no order for security shall be made 'against a parent under this section unless such parent has had an opportunity of being heard. 25. Except as in this Aet is uther'fise provided, no No detention State child shall be detained in any institution or be under : f; ~ ~ e~ ; ~ of the care of the Department after attaining the age of <eighteen years: Provided that, if any child at the time of being com- ~ hild over mitted to an institution has attained sixteen years of age, ~ l: ~ :: ai: : l :such child may be ordered to be detained in an institution, for two years. -or otherwise dealt with under this Act, for a period of two years, notwithstanding that such period would extend beyond the time of such child attaining- the age of eighteen years. .' 26. (1.) Every convicted child over the age OfIns:itution to thirteen years cOt?mitted to an institution shall be sent to : ~ t~ ~ en to be .a reformatory or mdustrial school. sent. (2.) A. convicted child under the age of thirteen :years, or a neglected child, shall be sent to all institution other than a reformatory:

5088 -PART lV.- STATE CHILDREN. CHILDREN. Stale Childre't!- Act. 2 GEO. V. No. 11, Provided that- (i.) If any neglected child, in the opinion of the- court, under the special circumstances of the- case, ought to be sent to a reformatory, the- court may order such child to be committed to a reformator.y accordingly; (ii.) Under special circumstances and with the- approval of the Minister, an inmate of any institution may be transferred for misconduct. to an industrial school or 'reformatory, and in like manner any inmate of an industrial school or reformatory may for good conduct be transferred to any other institution. Warrant for 27. (1.) Whenever a child is ordered to ~ be sent. detentIon. to an institu~ion, the court making the order shall issue a warrant for tHe taking of such child to such institution, and, for its detention during the period of detention specified in the warrant. Every such warrant shall be executed and obeyed. by all persons to whom it. is directed and delivered, and shall be forwarded with the child to the superintendent. or matron of the institution~ and shall be a sufficient authority for the taking and detention of the child. named therein according to the tenor thereof, Form of order. (2.) Every order of the court committing a child to the care of the Department or to an institution shaH contain a statement of the age and religion, so far as can be ascertained, of such child, and the cause for which the- child is to be detained. 2tatement of (3.) The statement in any order that the child therein aregleigainond to be named is of a, certain age and. religion shall, for the, prima facie purposes of this Act, be taken to be true, unless the eTirlence. Director is satisfied to the contrary and endorses on the- order the correct age or religion. aSarbtrasectseotnecddhiinldgren tion 2 o 8 r . f A ro n m y Shtiastemcohtihlderw, hoor abosthcoenr dsfemfroalme arnelyatiinvset,itu ( H - ~ without warrant. foster mother, or foster parent) or who, whilst liable to, detention, refuses or neglects forthwith to return to such institution as the Director may order, may be arrested without warrant by any police officer or by an officer of the Department and conveyed to such institution as the' Director may order. Diseharge of 29. The Governor in Council may, upon the recom- Schtailtderen. mendation. of the Minister, order the discharge of any convicted child, and the Minister may order the discharge;;

'··1 , CHILDRE~ . 5089 . PART IV.- - - -- -- - - - - - - ~ ~ -- ~ ~~ ~ - - - 1911. ·8tate Ohildren Act. STATE CHI WREN. , of any State child other thana convicted child from the control of the Department, and the child shall be forthwith discharged accordingly. Such discharge. may, if the Governor in Council or Minister, as the case may be, thinks proper, be a discharge on probation on such conditions (if any) as may be imposed, and in such case the child shall 'be subject to the care of the Department until he attains the age of eighteen years. 30. If any child released on probation by a court, or When discharged on probation under the last preceding section, probationer fails to observe the conditions of his release or discharge, : :~ s~ed. or if the Director is not satisfied with his conduct or the conditions under which he is living while on probation, the Director may, without any warrant, cause him to be arrested and brought before the court, and the court may exercise any of the powers conferred by this Act upon it with respect to uncontrollable or convicted children, as the case may be. 31. Any inmate of an institution may, for any reason Transfer of which appears to the Minister sufficient, and subject to inmates. this Act, be removed to and detained in any other institution. 32. The Minister may order that the period of Fe.m.ale care or detention by the Department of any female State chIldren: child shall be extended until such child attains the age of twenty-one years, .or for any shorter period. 33. The Director may, by indenture of apprentice- Department tsrhaip d , e boirndcaa 11 nm " ygSatastethcehiDldIreacptporrenatpipcreo, vteos. be taught such acmphapilyrderne t n I ' . C e Such binding shall be as effective as if the child were of full age at the date of the indenture and had voluntarily executed the same. The period of any such apprenticeship shall not excl;led five years, nor extend beyond the day of the child attaining the age of twenty-one years. Children while so apprenticed shall remain under the care of the Department. 34. Subject to this Act, the Director may, for such Director ma.y.' period as he thinks fit, place out 'any State child. ~~Mr~:~ A State child shall not be placed out with any person who is the holder of a licensed victualler's or wine seller's license or the keeper of a lodging-house or boarding-house.

5090 PART rv.- STATE CHILDREN. CHILDREN. State Ohildren Act. 2 I;EO. V. No. 11, Nothing in this section shall authorise the placing out of any child for any time extending beyond the period of detention of such child. Children may 35. The Director may place out-any State child with mbooatrhderwsiwthho the child's own mother or other female relative in her are widows own home, provided she is a woman of good repute, and : v: ~ ~ erted provided that in the ca'le of the child's own mother she is a widow or deserted wife, the wife of an invalid, or a wife living apart from her hllsband under circumstances explained to the satisfaction of the Minister. In such case the Minister may pay to such mother or female relative, to assist her in the maintenance of such child, such sum as may be prescrihed. Nothing in this section shall authorise the placing out of any such child for any period beyond the age of thirteen years unless such child is deformed or suffering- from permanent ill-health, in which case the age may be extended to sixteen years. Certain 36. No child who is suffering from enthetic disease tcohiblderpelnacneodt shall be placed out. out. School . 37. Every State child over the age of five years shall attendance. be sent regularly to a State school, or some other school approved of by the Director, until such child attains thirteen years of age. If considered advisable, the Minister may extend the ~ limit of scnool age. Age for tlervice. .Adoption under five. 38. (1.) No State child under' the age of thirteen years shall be placed out for hire or apprenticed, and no State child shall be placed out for hire or apprenticed unless or until a medical certificate of physical fitness for employment has been obtained in respect uf such child. (2.) No State child over the age of five years can be adopted. Provisions in 39. All indentures of apprenticeship land agreements aangrdeements for the placing out for hire of State children under this Act indentures. shall be in the form.s prescribed and shall contain pro- visions to the satisfaction of the Minister for the main- tenance and religious instruction of such children, and for the due payment of such wages as are payable thereunder. Such indentures and agreements shall be exempt from the provisions of" The Stamp Act, 1894."* -- ... - . - ... ~ . - - . ~~ ~ ~ '" 58.Vie. No. 8, supra, page 3241.

1911. State Ohild1'en Act. - - - - - - ~ - - - - - - PART IV.-c, STATE CHILDREN. 40. All wages earned by a State child, except such Wages to part thereof as the employer is required to pay to the child Savings Bank. personally as pocket money, shall he paid hy the employer to the l~ irector or other officer of the Department mentioned in the agreement. TheDirector or such officer shall place the amount in the Government Savings Bank in trust for the child. 41. The wages due by any person on account of Director may any State child may be sued for and recovered by and recover wages. in the name of the Director or other officer of the Department mentioned in the agreement for the benefit of such child. 42. When a State child is discharged, he shall be Payment entitled to be paid one-fourth of the money earned by him ~po~ as aforesaid and then in the Government Savings Bank. 18C al"ge, Such payments shall be made in instalments if considered advisable, and shall be conditional on the Director or other authorised officer certifying that the child's conduct while at service was satisfactory, and that he is not likely to make an improper use of the money. The balance not paid to him shall remain in the Government Savings Bank at interest until the child attains the age of twenty-one years, ,,,hen the l'aid bahnce shall be transferred to the child on application and proof of his identity. 43. All or any part of any money held in trust to the Unclaimed- credit of anv State child in the Government Savings Bank, wages. and not claimed by such child before the expiration of five years after such child has or would, if living, have attained the age of twenty-one .years, shall be paid by'the Director to the credit of" The Audit Act Trust Fund." 44. On the death of a State child, the money held Disposal at in trust to the credit of such child in the Government death. Savings Bank pursuant to this Act shall, after payment thereout of any funeral or other expenses approved by the Minister, be paid into the Consolidated Revenue. 45. No person with wbom a State child is placed out Ch~~ " ge of or appren t I · ced sba11cImnge h I ' S p1ace 0 fr' eds 1 ence WI 'thou t reSIdence. giving to 'the Director the presCl·ibed notice. 46 If a State ,child placed out or apprenticed Absconds, absconds, becomes ill, meets with an accident, or ,qies" the ~: cdI: s~ s ill,

.5092 PART IV.- STATE CHILDREN. CHILDREN. State Ulllldrf1ll Act. 2 GEO. V. No. 11,' person with whom such child is placed out or to whom he is apprenticed shall immediately give such notice and do all such further act·s and things as may be prescribed. Penalty for ill-treating. 47. Every person who ill-treats, injures, or neglects any State child placed out or appre:Q.ticed shall be liable to a penalty not exceeding twenty pounds or to imprison- ment with or without hard labour for any period not exceeding six months.. Minister may 48. (1.) The Minister may, at any time by order, ~ £ dS~ ~ : t~ ~ ~ d require any State child placed out or apprenticed forth- apprenticed or with to surrender himself at any institution to be named placed out. in the order. (2.) The .Minister may, by the same or a separate order, and without incurring any li~ bility for breach of contract or otherwise, cancel the indenture of apprenticeship or agreement relating to any State child, and require the person with whom such child is placed out or to whom he was apprenticed forthwith to deliver such child at an institution or to some person to be named in the order. (3.) Any police officer or officer of the Department may, without warrant, take into custody such child and bring him to the institution named in the order, and for such purpose may enter upon or into any land or house belonging to or occupied by the person with whom the child was placed out or to whom he was apprenticed whereon or wherein the child is or is supposed to be. State children 49. (1.) frhe Director shall cause all State children to to be visited. be visited once at least in every three months by an officer of the Department, or persoc. appointed for that purpose, to ascertain whether the stipulations of the indentures of apprenticeship or agreements respecting such children have been fulfilled, and that the treatment, epucation and care of such children are satisfactory. Child and poruotfdiut cteodb. e (2.) Every person with whom a State child is placed out or to whom a State child is aI)prenticed shall, at the request of any officer of the Department or visitor, produce the' child and his outfit or show cause to the satisfaction of the officer or visitor for the non-production or absence of such child, and permit the officer or visitor to examine such outfit and the sleeping and other accommodation and food provided for such child.' ' , ' . , . . , .

1911. CHILDRE~ . . State Chil"rm Act. 5093 PAR~ r V.-MAINTENANCE OF CHILDREN BY THEIR PARTV.- MAINTENANC~ OF CHILD HEN RELATIVES. BY THEIR RELATIVES. 50. The undermentioned near relatives of any State Order of -child shall be liable to: payor contribute towa~ ds the ~ :!: 1~~ a~fve8. maintenance of such child according to their several ;abilities, and in the'followillg order, namely:- (a) In the case of a legitimate child-Father, mother, stepfather, stepmother; (b) In the case of an illegitimate child-Father, mother. 51. (1.) Upon complaint that any persons are near Maintenance relatives of any State child, and are able to payor order. -contribute towards the maintenance or past maintenance ()f such child, such person~ or any of them may be summoned to appear before a court of petty sessions at a time' and place to be named in the summons. (2.) The court may adjourn the hearing, and may summon any other persons alleged to be near relatives to -appear at the adjourned hearing. (3.) If the court is satisfied that the persons summoned or any of them, are near relatives and are able to pay for ()r contribute towards the past or future maintenance of such child, the court may order payment to be made by such relatives, or some one or more of them, to the Department as the court thinks fit- ' (a) Of such sum for past maintenance of the child as seems sufficient; and (b) Of such sum for future maintenance and for such period as seems sufficient, but not being in either case more than ten shillings per week. (4.) If a maintenance order is made against two or more near relatives, one order may be made against all of them, or separate orders may be made against each or any ()f them jointly or severally as to the court seems fit, so that such persons shall not be liable to pay more than ten shillings per week in the aggregate in respect of anyone -child. (5.) No maintenance order shall, without the cbnsent ()f the Minister, be made for payment in advance for future maintenance, otherwise than by periodical instalments not exceeding four weeks in advance.

5094 CHILDREN. PART V.- MAINTENANOK 8f lite Ch iZdrell ,if·f. 2 GEO. V. No. 11, OF CHILDREN -.-- R~ B L Y AT T I H V E E I S R . ( 6.) Every maintenance order shall be served upon the person against whom it is made personally, or in such manner and at such places as may be prescribed or as any justice directs; but the order shall take effect from the time of its :!>t'onouncement, notwithstanding that the formal order has not· been signed or served. Undertaking 52. In any case in which 'a maintenance order under- may be given. this Act might be made against the parents of any State child, the Director or a court of petty sessions may accept from the parent or any other person an undertaking. The undertaking shall have the same effect as a maintenance order; and any proceedings authorised under a maintenance order may be taken against any person who has signed an undertaking: Provided that a court of petty sessions may at any time rescind any undertaking given under this section and' make a maintenance order. Court noay adjudge person to be father of illegitimate child. '53. Upon the hearing of a complaint under this Act in respect of the m3intenance of an illegitimate State child of which the defendant is alleged to be the father, no maintenance order shall he made-- (a) Upon the evidence of th0 mother, unless her evidencd is corroborated in some material particular; or (b) If the court is satisfied that at- the timp. the child was beg'otten the mother was a common prostitute. Person:s 54. (1,) If, on the hearing of a complaint under this admitting Act against any person alleged to be the father of an ~ f: r~ ~: se illegitimate State child in respect of the maintenance of maintenance. such child, any other male person of over the age of seventeen years, upon oath, admits or says that he had sexual intercourse with the mother of such child on any date being not more than three hundred days nor less tha~ two hundred days -prior to the date of the birth of such child, the court may, upon such hearing and without information for the purpose, make an order against such other male person for contribution towards the main- tenance of mch child, and also, if the court deems fit,. towards the confinement expenses of the mother of such child. And every person so ordered to contribute shall, for· non-compliance with such order, be subject to the same' provisions' and penalties as in the case of a near relative ordered to pay maintenance.

CHILDREN. 5095 PART V.- 1911. Slale Children Act. ~ fAINTENANOl! Ob' CHILDREN BY THEnt RELATIVES. (2.) An order may be made under this section, whether any order is or is not made against the defendant. rrhe making of an order under this section shall not in any way prejudice any power to make an order against the defendant. . (3.) If an order is made under this section against such male person and also the defendant, one order may be made against both of them, or separate orders may be made against each of them jointly or severally as to the court seems fit, so that such persons shall not be liable to pay more than ten shillings per week in the aggregate in respect of the maintenance of the child. 55. The court, on complaint that any person liable Cour,t may upon a,ny maintenance order. made ll1;tder this .A. ct or order ~ : ~ : i~ y for made under the last precedIng sectIOn has made default c~ mpiiance thereunder or intends to evade compliance therewith, may WIth order. by a subsequent order require the pel''5on ]iable to find sufficient security that he will comply with the order made. against him. And the court may, in default of such security being found, commit such person to prison for any period not exceeding six months if the order for security is not' sooner complied with. The court may determine upon the sufficiency of any proposed seeurity and in what manner the security shall be given. 56. Upon the hearing of a complaint under this Act Allegations in in respect of t • he maintenan • ce of a leO b 'itimate State ch • ild ' p co r r l : m lp a ~ a f i a r c .t 1 . 8 the averment m the complamt that the person complamed evidence. against is a near relative liable to ~ aintain and is able to payor contribute towards the maintenance of such child, and that any sum has been expended upon or is due or owing for or in respect of maintenance, shall be suffipient evidence of the facts; and the onus of proving that such person is not a near relative, or is not able to payor contribute towards the maintenance of such child, or that some other person is prior in order of liability, or that the sum stated to have been expended or to. be due' or owing was not expended ,01' is not due or owing" shall lie upon the defendant. 57. The amount or the weekly payments payable in "!"ower to r:espect of maintenance under any· order mad • e und@f t • hism a c m r~ o S u t n e . Act may, by any subsequent orders from time to tIme c

5096 CHILDREN. PAl\T V.- MAINTENANCE ,OF CHILDREN State Ohildren Act. 2 GEO. V. No. 11, BY THEIR - - - - - - - - - - - - - - - - - - - - - - - - ,RELATIVES. made bythe court, be increased to any amount not exceed- ing the maximum if the persons liable are able to pay such greater amount. bfOuerrdvthearersire m d a ~ y ll a ma 5 in 8 t . enOanncteheorcdoemr pulanidnet rofthaisneAacr t, relaaltlivoer Haanbyle outphoenr inquiry. persons alleged to be near relatives may be summoned to appear before the court. At the hearing or at any adjourned hearing, the court may make further inquiry as to the means and ability of the complainant, and as to the relationship to the child of the persons sfimmoned, and as to their several abilities to maintain or contribute to the maintenance of such child, and may make such order increasing, reducing, or varying the periodical sum to be henceforth paid by the complainant, or suspending for a specified time or annulling the previous order, or directing that the persons so summoned, or some or one of them, shall thenceforth pay for or contribute towards the maintenance of the chUd, or may make such other order not inconsistent with this Act as appears just. Oefendant 59. On the hearing of any complaint under this Act ctoombepeallable in which the defendant is alleged to be the father of an witness in illegitimate State chilrl., and in any case where a defendant certain case=-. is charged with non-compliance with any order made by a court, the defendant shall be eompellable to give evidence and may be summoned as a witness for that purpose.. Such defendant shall not be excused from giving evidence on the ground that the answer to any question or such evidence ~ ight prove or tend Lo prove him guilty of the matter alleged or charged against him: Provided that such question or evidence is, in the opinion of the court, relevant to the matter in issue. Who may complain. 60. All complaints under this Part, except where otherwise expressly provided, shall be made by the Director or an authorised officer. PART VI.- MFOOTSHTEERRS. P ART VI . - F OSTER M OTHERS. Fogter 61. (1.)· No person shall be or act as foster mother, ~ ~ ~s: d. to be for gain or reward, to any State child. without being licensed by the Department for that purpose. (2.) No person shall be so licensed unless she pro- , . .duces to the Director a certificate fr,o;m. a duly qualified medical practitioner that she is in good health aud, ~ re~ from ::buy constitutional disease ;or complaint. . .. '. ; \

CHILDREN. 5097 VI.- PART - - - - - - ~ ~----- - - - - - - - - - - - 1911. State Ohildren Act. FOSTER MOTHERS. (3.) The Director may grant licenses to fit and proper persons to he foster mothers' to State .children, -and may by any such license fix the number of children -authorised to be kept by the foster mother therein named. (4.) The Director may, in his discretion, revoke any. license granted under· this section. 62. Every foster mother shall keep all such books Records, &c. and records, and furnish to the Department true and 'Correct returns of all such matters and things as may be prescribed. 63. Every foster mother shall provide every child Duty of while in her care or charge with proper clothing, food, foster mother. nursing, and attention, and with all other necessaries of life, and keep every part of the home at all times in a fit and proper state for the reception of children, and do, observe, and carry out all the acts, requirements, and directions prescribed by this ACt or by any order of the Director or authorised officer in relation to the home. The Director or authorised officer is empowered to make any such order having for its object the effectual execution of the foregoing provisions. Every foster mother shall be held responsible not only for her own acts or defaults in relation to the home, but also for any act or default of any member of her family or of any person employed by her at or in connection with the home. 64. The Minister may pay to the foster mother of Payments to any (; State child for the care and maintenance of such f m os o ttehr ers. child such sum not exceeding ten shillings per week as may be prescribed. PART VII.- PART VII.-GENERAL PROVISlONS. GENERAL PROVISIONS. 65. (1.) At the hearing of any complaint against any Department child, the Director or an authorised officer may be Dresent ~ ay appear and examI.ne and cross-exam T me W ' I t nesses, and b e -' ' [ heard m cases. touching the acquittal or punishment of the child. i (2.) All cases under this Act heard on complrlt.int by or on behalf of the Department may be conducted ,by the Director or an authorised officer. I (3.) In the absence of proof to the contrary, the authority of an officer of the Department to do any act or take any proceeding for the purposes of this Act shall be presumed. .

-- ---- -- - - - ~ - -~ . - - ~ - - ~ 5098 CHILDREN. PART VII. ~ - - - - - - - - - - - - - - - - - - - - - - - - GENERAL PROVISIONS. State Ohildren Ad. 2 GEO. V. No. 11, Order may 66. If an order is made under this Act in respect of be set aside. a child in the absence of his parent or guardian to whom reason~ ble notice of the complaint had not been given,. !?uch order may, for good cause shown, be set aside by the court by which it was made upon the application of such parent or guardian within three months after the making- of the order. Restrictions on employ- ment of children. 67. (1.) Any person who causes or procures any child to be in any public place other than premises licensed according to law for public entertainments, for the purpose of singing, playing, or performing for profit, or offering anything for sale, between seven o'clock in the evening and six o'clock in the morning, shall be liable to a penalty not exceeding twenty-five pounds or to imprisonment, with or without hard labour, for any period not exceeding six months. (2,) Any child under the age of fourteen years who is employed ur engaged in any circus or acrobatic or other entertainment or exhibition by which his life, education, health, or safety is likely to be lost or prejudiced 01· endangered shall be deemed a neglected child for all the purposes of this Act; and any person so employing or engaging any such child shall be g-uilty of an offence. Penalty for taking, removing, 01' harhouring State children. 68. Any person who- . (a) Without the authority of the Minister, takes or removes any State child from any institution before the expiration of the period of detention of such child, or from its mother, or other female relative, or foster mother, or foster parent with or to whom such child is placed· out or apprenticed before the expiration of the term of placing out or apprenticeship; or (b) Directly or indirectly counsels or induces any . State child to abscond or escape from any institution, or tQ break his apprenticeship in- dentures, or to abscond from his mother, or other female. relative, or fqster mother, or' foster parent before such child had been regularly discharged, or before the expiration of such placing out or apprenticeship; or (0) Aids or abets any State child in so absc(mding' 01' escaping, or preveuts any State child from returning to any institution or to his mo.thel't- or other female relative,' or foster mother, Ol"

CHILDREN. 5099 .~~ ~~ - ~- - -- ~ - ' - - - - - - - - - - - ~ PART V I I . - 1911. State Children Act. GENERAL " PROVISIONS. ------------------------- foster parent, or knowing any State child to have been 80 taken or removed as aforesaid or to have'so absconded or escaped, harbours or conceals or assists in harbouring or con- cealing such child; or (d) Being an officer or servant of the Department or of the governing authority of an institution, negligently or knowingly permits any inmate to escape, shall be liable to a penalty not exceeding twenty pounds (w to imprisonment with or without hard labour for any period not exceeding three months. 69. Any person who- Penalty for (a) Without the authority or permission of the?omm.unicat- Director or authorised officer, holds or attempts ~ ~ l~ l; : ! ~ in to hold any communication with any inmate; institutions. or (b) Enters any institution or any premises belonging thereto or used in connection therewith, and does not depart therefrom when required so to do by the superintendent, matron, or any officer or servant thereof; 01' (c) Without the authority of or after being for- bi<iden by the Director or authorised officer, holds or attempts to h old any communication, directly or indirectly, with any State child; shall be guilty of an offence. 70. (1.)- (i.) Any person who fails to comply with any order Disobeying in respec • t of maintenance made against him q or m ~ tet~ magndth G under thIS Act, or attempts to leave the State State. without making arrangements for future pay- ments to the satisfaction of the Department; (ii.) Every near relative liable to maintain any Near ~ elati, .. child who- , ' c d h e~ ll e d r . tmg (a) Unlawfully deserts such child; or (b) Leaves without or fails to provide with adequate means of support any· such child; shall be liable to imprisonment with or without hard labour for any period not exceeding six months. (2.) Upon the hearing of a complaint under this Court ~ lay section, the court, if satisfied that the child has been or is : ! : : : i~ e about to be unlawfully deserted by the person complained summary against or is actually without adequate means of support, way.

()lOO CHILDREN. PARTVII.- - - - - - - - - - - - - - - - - - - - - - - - - . GENERAL I:ROVISIONS. State Ohildren Act. 2 GEO. V. No. 11, and that such person is a near relative of such child liable and able to payor contribute towards his maintenance, may order such person, either immediately or at some adjournment, to find sufficient security to the satisfaction of the court that he will comply with such order for main- tenance or that he will not desert or leave without adequate means of support such child. The court, in default of such security being found, may commit such person to prison for any period not exceeding six months if such order is not sooner complied with. . ~ ourt may (3.) Upon complaint on oath by tho Director or: ' ~~ : r;: ~f:; t an authorised officer that he has reasonable grounds for dllserter, believing that any person has committed or is about to commit an offence under this se'ction, any justice, if satisfied that there are reasonable grounds for believing that such offence has been or is about to be committed, may issue a warrant for the arrest of the person complained against, and such person may thereupon be arrested by any police officer. Gifts and bequests. 71. All property, real or personal, given, devised, or: bequeathed to the Department for the benefit of State children shall, subject to this Act, be held, invested, applied, or dealt with in such a manner as the Minister considers most conducive to the benefit or advantage of State children or of the particular State child or children intended to be benefited. Oourt may 72. (1.) The court may at any time, in a summary I ~ m nf p o r ~ l c s e onfimn8enotr. way ' inquire into any disobedience of or neglect to comply with any order made under this Act, and for that purpose. may summon and examine all proper parties and witnesses. In order to enforce compliance or punish the non- compliance with such order, the court may commit to prison, with or without hard labour, for any period not exceeding six months unless the order shall be sooner complied with, the person found guilty of such dis- obedience, neglect, or non-compliance, or may impose upon such person a penalty not exceeding fifty pounds. War~ ant in (2.) Upon a complaint under this section in respect first mstance. to any alleged disobedience of or neglect to comply with any order, the court may, instef'.d of issuing a summons, issue a warrant for the arrest of the person· against whom the complaint is made and for' the detention of such person until the hearing of the complaint, unless such

CHILDREN. 5101 VII.- - - - - - - - - - -- - - - - - ~ - - - - ~ - ~ - PART 1911. State Ohildren Act.' GENERAL PROVISIONS. person enters into a recognisance, with one or' more sureties, in such sum as the court directs, conditioned for his appearance at the hearing of the complaint. 73. Every person authorised to take charge of any Oertain child ordered to be detained under this Act, for t,h • ,e pu • r- Ph a e v r e so p n r s l ' V ~ l l ege pose of conveying such child to or from any instItutIOn of constables. or to a mother, or other female relative, or foster mother, 01' foster parent, shall while engaged in such duty have all such powers, authorities, protection, and privileges for the purpose of the execution of his duty as any police officer has by common law or statute. 74. (1.) In cases w4ere the age of any person is Proof of age. material, the court may decide, upon its own view and judgment, whether any person charged or present before it has or has not attained any prescribed age. But nothing herein shall be construed to prevent the age of such person being proved. (2.) Where, in any proceeding against any person forE~ idence of an offence under this Act, the child in re'speot of whom ~ ~ ~ ~ e~ ~ earB. the offence. is charged to have been committed, or any other child of tender years who is tendered as a witness, . does not, in the opinion of the court, understand the nature of an oath, the evidence of such child may be received, though not upon onth; if, in thc opinion of the court, such child is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth; and the evidence of such child,though not given on oath or affirmation, but otherwise taken and reduced into writing as a deposition, shall be deemed a deposition to all intents and purposes. A person shall not be convictecl of the offence charged unless thc testimony admitted by virt\te of this section,. and given on behalf of the prosecution, is corroborated by some other material evidence in support thereof implicating the accused. Any child whose evidence is received as aforesaid, who wilfully gives false evidence, shall be deemed guilty of perjury. 75. Any person who in any particular makes default General in compliance with this Act shall be guilty of an ()ffence. penalty. Any person guilty of an offence under this Act sh<t11, except as otherwise expressly provided, be liable to a penalty not exceeding ten pounds. .

CHILDREN. PART VII.- - - - - - - - - - - - - - - - - - - - - - - - - - GENERAL PROVISIONS. State Ohildren Act. 2 GEO. V. No. 11, Application of Justices Acts. 76. Every proceeding under this Act for omissions, defaults, acts, or offences to which any penalty is attached, and all applications for orders where no other method of proceeding is by this Act provided, shall be had and taken and may be heard and det(1rmined in a summary way under " The JU8tioe8 Aot8, 1886 to 1909."* Order to be a 77. In every action for anything done in obedience to dacetfieonncse. to any order, it shall be sufficient for the defendant to J'ustif - s under such order only without setting forth the previous proceedings, and the production of t.he order or a duplicate or certified copy thereof shall be sufficient to prove t.he fact of making such order. Protection to 78. No action shall he brought against the Depart- Danedpaorftfmiceerns.t ment or any officer thereof or an.Y governing authority of an institution or any person for anything done or pur- porting to be done in pursuance of this Act unless such action is commenced within six months next after the act or default complained of, nor unless notice in writing of such action and the cause thereof has been given to the defendant one month at least before the commencement 6f the action. • And the plaintiff shall not recover in such action if tender of sufficient amends is made before action' brought, or if after action brought the defendant pays into court sufficient amends; but in such last-mentioned case the plaintiff shall recover his costs of action up to the time of the payment into court. Not leave the 79. No State child shall be taken out of the State of State. Queensland. Appropriation: 80. All money received in respect of penalties and fees under this Act shall be paid into the Consolidated Revenue. • Regulations. 81. Th~ Governor in Council may from time to time make regulations with respect to- (i.) The duties, powers, authorities, and privileges of inspectors, visitors, and other persons engaged in the administration of this Act; (ii.) The management, control, and supervision of institutions; (iii.) The custody, maintenance, education, employ- ment, placing out, and apprenticing of State children; the visitation of such children; the ... _ - - - . - - - - - - - _ . _ - - - - - - - - - - - - - - - - - *' [0 Vic. No. 17; 56 Vie. No. 23; and 9 Edw. VII. No. 11, 8·upra, pages 1132 et seq. \

1911. CHILDREN. State Ohild1'en Act. 5103 PART VII.- GENERAL . PROVISIONS. discipline of such children; wages and rewards of such children; the management and control of the property of such children; (iv.) Records to be kept at and reports to be made by institutions and by licensees; (v.) The form and contents of agreements, appoint- ments, apprenticeship articles, authorities, com- plaints, licenses, notices, orders, summonses, and all other instruments and documents, and the mode of executing, serving, or delivering the same; (vi.) The fees to be paid in respect of matters arising under this Act; (vii.) Imposing penalties not exceeding twenty pounds in respect of any offence; (viii.) The time and manner in which any act, matter, or thing required by this Act to be done, and as to which the time or procedure is not provided, is to be done or performed; and all other matters arising under this Act not herein expressly provided for; and otherwise for effectually carrying out and gi ving effect to the objects of this Act. All such regulations shall be published in tbe Regulations Gazette, and shall be laid before both Houses of Par- to b~ t d d liament within thirty days after such pUhlication if f: ; ~ e ~ : fo: : Parliament is in session, and, if not, then within thirty Parliament. ,days after the commencement of the next session. .• All such regulations, upon publication in the Gazette, shall have the same effect as if they were enacted in this Act, and shall not be questioned in any proceedings whatsoever, and shall be judicially noticed. Date of Aet. SCHEDULE. Title of Act. Extent of Repeal. ~ 29 Vie. No. 8 " Industrial and Reformator.'I The whole. Schools Act of 1865 " 43 Vic No. 16 ". "TILe Orphanages Actof1879" ... The whole. ·60 Vie. No. 26... "1'he Ohildren's Protection Act, Section 3. 1896 " 6 Edw. VII. No.6 "TILe Industrial and Reformatory The whole. Schools Act Amendment Act I o :J +' 1906" I I . ~