State Children Acts and Another Act Amendment Act of 1952 (1 Eliz Ii No. 3) (Qld)

AUDIT—CHILDREN. 109 1 E liz . II. No. 3, 1952. State Children Acts, Etc., Act. 12. Section three of * “ The Audit Acts Amendment Act of 1926 ” is repealed and in lieu of that repealed Geo. v? section, the following section is inserted, namely :— No-6- “ [ 3 .] (1.) Subject to subsection two of this section, Recrement the Auditor-General shall ’ retire from office upon General.** attaining the age of sixty-seven years. (2.) This section applies to the Auditor-General in office at the passing of f “ The Audit Acts Amendment Act of 1951,” and to every Auditor-General thereafter.” BRISBANE, CITY OF. See L ocal A uthorities . BUILDING OPERATIONS AND TIMBER AND BUILDING MATERIALS CONTROL. See H ousing . CHILDREN. An Act to Amend “The State Children Acts, 1911 1 E N l o i . z . 3. II. T he S tate to 1943,” and “The Adoption of Children C hildren A cts and Acts, 1935 to 1941, ” in certain particulars. AA nmoetnhdemre A nctt A ct op 1952. [A ssented to 9 th A pril , 1952.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— P art I.— P reliminary . P k ^W. 1. This Act may be cited as “ The State Children short title. Acts and Another Act Amendment Act of 1952.” . 2. This Act is divided into Parts as follows Parts of Act. P art I. —P reliminary ; P art II. —A mendments of {“ T he S tate C hildren A cts , 1911 to 1943 ” ; P art III. —A mendment of § “ T he A doption of C hildren A cts , 1935 to 1941 ” .* * * § * 17 G. 5 No. 5. t This Act. j 2 G. 5 No. 11 and amending Acts. § 26 G. 5 No. 7 and amending Acts.

110 CHILDREN. P art IT.— A mendments of “ T he S tate C hildren A cts , 1911 to 1943.” P art State Children Acts, Etc., Act. 1 E liz . II. No. 3, II.— A mendments oe * “ T he S tate C hildren A cts , 1911 to 1943.” Construction 3. This Part of this Act shall be read as one with oanfdPart II. * “ The State Children Acts, 1911 to 1943,” and those Acts tciotlllee. ctive a“n T d he th S is tat P e a C rt hil o d f re t n hi A s c A ts c , t19m11ay to b1e95c2o.ll”ectively cited as Amendment 4. Section four of * “ The State Children Acts, 1911 to o2fGs. eo4. oVf. 1943,” is amended by inserting after the definition of No. 11. the term “ Department ” therein the following definition, namely :— Director. “ “ Director ”—The person who, pursuant to this Act, holds the office of or acts as Director of the Department: The term where necessary includes the Deputy Director of the Department when pursuant to this Act exercising the power, authority, or function, or performing the duty conferred by this Act on the Director and in relation to which the term is used;”. Insertion of 5. The following section is inserted after section s2. G 7 a eoo. fV. seven of * “ The State Children Acts, 1911 to 1943,” No. 11. namely :— Deputy Director. “[7 a .] (1.) The Governor in Council may from time to time appoint, in addition to the Director, a Deputy Director of the Department. (2.) The Deputy Director shall, subject to this Act, exercise all such powers, authorities, and functions and discharge all such duties (including such of the powers, authorities, functions, and duties of the Director) as the Director may either generally or in any particular case direct or require. In the event of and during the absence from duty for any reason whatsoever of the Director, or in the event of a vacancy occurring in the office of Director and until a new Director is appointed, the Deputy Director shall act as Director and while he so acts shall have and may exercise all of the powers, authorities, and functions, and shall perform all of the duties of the Director. . 2 G. 5 No. 11 and amending Acts.

CHILDREN. Ill 1952. Any State Children Acts, Etc., Act. power, authority, or function exercised P art II.— A mendments of “ T he S tate C hildren or A cts , 1911 TO 1943.” any duty performed by the Deputy Director shall, until the contrary is proved, be presumed to have been exercised or, as the case requires, performed lawfully. (3.) The Deputy Director holding office at the commencement of * “ The State Children Acts and Another Act Amendment Act of 1952 ” shall, without further appointment, continue to hold that office, subject to this Act and | “ The Public Service Acts, 1922 to 1950,” in terms of his appointment as such. 6. Section sixteen of { “ The State Children Acts, Amendment 1911 to 1943,” is amended by repealing in the first ^Geo.Vf paragraph thereof the words “ the Minister may No. ii. determine, but not exceeding twelve shillings a week ” and by inserting, in lieu of those repealed words, the words “ may be prescribed”. 7. Section nineteen of J “ The State Children Acts, Amendment 1911 to 1943,” is amended by repealing therein the words “ the Commissioner of Police ” and by inserting, in lieu No. ii. of those repealed words, the words “ the Director”. 8. Subsection two of section thirty-eight of J “ The Amendment State Children Acts, 1911 to 1943, ” is repealed. 2 fGeo.8v.f No. ii. 9. Section 39 of J “ The State Children Acts, 1911 to Repeal of 1943, ” is repealed and the following section is inserted “g9n®^ in lieu of that repealed section, namely :— N^iiV “ [39.] (1.) Where considered necessary or desirable indentures by the Minister, an indenture of apprenticeship of a°pprentice_ State child shall contain, in addition to such matters as ship of are required by or under § “ The Apprentices and Minors chadUn. Acts, 1929 to 1948, ” and otherwise prescribed by this Act to be contained therein, such provisions as the Minister may deem fit in relation to all or any of the following—the maintenance and religious instruction of the apprentice and the ensuring of the due payment of all wages payable to the apprentice, the amount, if any, which the foster parent is entitled from time to time to deduct and retain from such wages for board and lodgings provided by him for the apprentice, the » This Act. t 13 6. 5 No. 31 and amending Acts. J 2 G. 5 No. 11 and amending Acts. § 20 G. 5 No. 37 and amending Acts.

112 CHILDREN. P art II.— A mendments op “ T he State Children Acts, Etc., Act. 1 E liz . II. No. 3, S tate C hildren A cts , 1911 TO 1943.” part of such wages which the foster parent is required to pay to the apprentice personally as pocket money, and the ensuring of the payment by the foster parent of all such wages, excepting such part thereof, if any, as the foster parent is entitled to deduct and retain for such board and lodgings and such part thereof as is required to be paid to the apprentice personally as pocket money, to the Director or to any other specified officer of the Department. SAfotgrartheeierme eonfts a Sta (2 te .) cAhnildagshreaellmbeentinforthethfeorpmlacpirnegscoriubtedfoarnhdirsehaolfl children. contain, in addition to any other prescribed contents, the rate of wages, as determined by the Minister, payable thereunder by the foster parent, the amount, if any, which the foster parent is entitled from time to time to deduct and retain from such wages for board and lodgings provided by him for the child, the part of such wages which the foster parent is required to pay to the child personally as pocket money, and such provisions as the Minister may deem fit in relation to all or any of the following—the maintenance and religious instruction of the child and the ensuring of the due payment of all wages payable to the child and of the payment by the employer of all such wages, excepting such part thereof, if any, as the foster parent is entitled to deduct and retain for such board and lodgings and such part thereof as is required to be paid to the child personally as pocket money, to the Director or to any other specified officer of the Department. Wages of State children placed out for hire. (3.) (a) Notwithstanding anything in any Act or law to the contrary every agreement for the hire of a State child, whether entered into before or after the commencement of * “ The State Children Acts and Another Act Amendment Act of 1952 ” shall be, or as the case requires, be deemed to have been entered into subject to the provisions of this subsection and shall be read and construed accordingly. (6) The rate of wages payable by and recoverable from the foster parent of a State child under an agreement for the placing out of that State child for hire, the amount, if any, which the foster parent is entitled from time to time to deduct and retain from such wages for board and * This Act.

CHILDREN. 113 P art ii .— 1952. State Children Acts, Etc., Act. A mendments of “ T he S tate C hildren A cts , 1911 lodgings provided by him for the child, and the part of to 1943/’ such wages which the employer is required to pay to the child personally as pocket money, shall be— (i.) If that agreement is in force at the commencement of * “ The State Children Acts and Another Act Amendment Act of 1952,” as then prescribed with respect to that child; and ' (ii.) If that agreement is entered into after the commencement of * “ The State Children Acts and Another Act Amendment Act of 1952,” as contained in the agreement, but if for the purposes of that agreement the Minister makes a redetermination pursuant to this subsection, then the rate of wages, amount, and part as aforesaid shall, on and from the date when that redetermination takes effect, be as so redetermined and until a further such redetermination, if any, is made and then on and from the date when that further redetermination takes effect in accordance with that further redetermination, and so on accordingly. (c) The Minister may at any time and ffcjm time to time during the continuance of any agreement for the hire of a State child redetermine the rate of wages payable thereunder, the amount, if any, which the foster parent is entitled from time to time to deduct and retain from such wages for board and lodgings provided by him for the child, and the part of such wages which the employer is required to pay to the child personally as pocket money, or redetermine any of these things, and may by such redetermination increase or decrease the thing or things so redetermined and shall in that redetermination specify a date on and from which the redetermination takes effect. Notice of every such redetermination, containing the particulars thereof and specifying the date on and from which the redetermination takes effect, shall be given to the foster parent concerned but the non-receipt of any such notice by the foster parent shall not affect in any way his liability under the agreement as altered by that redetermination. * This Act.

114 CHILDREN. PART II.— A mendments of “T he S tate C hildren A cts , 1911 to 1943.** State Children Acts, Etc., Act. 1 E l » iz . II. No. 3, (d) A redetermination for the purpose of any such agreement may differ from any redetermination for the purpose of any other such agreement. Exemption (4.) AH indentures of apprenticeship or agreements aonf dinadgerneteu­ res for the placing out for hire of State children shall be ment from exempt from the provisions of *“ The Stamp Acts, 1894 a58ndVic. No. 8 to 1950.” ” amending Aots. Amendments 10. Section fifty-one of f “ The State Children Acts, ifckio.V* 1911 to 1943,” is amended— ’ " (i.) By repealing all that part of subsection three of that section commencing with and including the words “ (a) Of such sum for past maintenance ” and ending with and including the words “ twelve shillings per week” and by inserting, in lieu of that repealed . part, the following words :— “ (a) Of such sum for the past maintenance of the child as seems sufficient, either in a lump sum or by way of instalments as it directs; and (6) Of future maintenance at the rate per week as seems sufficient and at such periodical times and in such manner as it directs.” ; (ii.) By repealing in subsection four of that section the words “ so that such persons shall not be liable to pay more than twelve shillings per week in the aggregate in respect of any one child ” and by inserting, in lieu of those repealed words, the words “ and the sums or proportions payable by each shall be as fixed by the court ” ; (iii.),By adding to that section the following subsection, namely :— “ (7.) In this section the term “ child ” includes two or more children. Where a maintenance order is made in respect of the future maintenance of two or more children the court shall direct separately the rates per week of the respective payments thereunder for the maintenance of each and every child.” * 58 V. No. 8 and amending Acts, t 2 G. 5 No. 11 and amending Acts.

CHILDREN. 115 1952. : State Children Acts, Etc., Act. 1 -------------------- - PAM II.— A mbndments OF “ THE S tate C hildren 11. Section fifty-two of * “ The State Children Acts, lo’ibil.”1 1911 to 1943, ” is amended Amendments (i.) By repealing in the second paragraph thereof 2 Geo. v. the words “ and any proceedings authorised under aNo-11- maintenance order may be taken against any person who has signed an undertaking ” and by inserting, in lieu of those repealed words, the words “ and any proceedings which may be takeh under this Act for any failure to comply with a maintenance order or to secure compliance with a maintenance order may be taken against any person who has signed an undertaking, and, where necessary, the provisions of this Act shall be read and construed accordingly ” ; (ii.) By adding to that section the following paragraph, namely :— “ In any proceeding under this Act against any person for failure to comply or for securing his compliance with an undertaking, the undertaking purporting to be the undertaking on which the proceeding is founded shall be received as evidence of the matters contained therein and the signature thereon purporting to be the signature of the person giving that undertaking shall be presumed to be the signature of the person against whom the proceeding is taken, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matters and that the signature thereon, as aforesaid, is the signature of the person against whom the proceeding is taken.” 12. Subsection three of section fifty-four of * “ The Amendment State Children Acts, 1911 to 1943,” is amended ly^O2f ” GS.eo5 - . - 4V( — 3.) of repealing therein the words “ so that such persons shall No. Ti. not be liable to pay more than twelve shillings per week in the aggregate in respect of the maintenance of the child ” and by inserting, in lieu of those repealed words, the words “ and the sums or proportions payable by each shall be as fixed by the court ”. 13. Section fifty-seven of * “ The State Children Acts, Repeal of 1911 to 1943,” is repealed and the following section is®“g7n®^ inserted in lieu of that repealed section, namely 2 Geo. V. No. 11. “ [57.] On complaint by any person liable upon any variation of maintenance order under this Act or by the Director or Amount* *° an authorised officer, a court of petty sessions on theamo,m s’ * 2 G. 5 No. 11 and amending Acts.

116 CHILDREN. P art 11- A mendments of “ T he S tate C hildren A cts , 1911 to 1943.” hearing State Children Acts, Etc., Act. 1 E liz . II. No. 3, 1952. of such complaint may make further inquiry as to the ability of the person so liable to pay for or contribute towards the maintenance of the child or children with respect to whom that order was made, and may make an order increasing, reducing, or varying the periodical sum so ordered to be paid.” oA2fmGs. eeno6.d4Vmo.efnt 1911 1 to 4. 19S4e3c, t”ioins saimxteyn- dfoeudrboyf r*e“pe T a h li e n S g t t a h te er C e h in ild th re e n w A o c r t d s s , No. 11. “ not exceeding twelve shillings per week ”. Amendment 15. Section eighty-one of * “ The State Children Acts, o2fGs. eo8. 1Vo.f 1911 to 1943,” is amended by inserting after subparagraph No. 11. (viii.) thereof the following subparagraph:— “ (ix.) Prescribing the rates of subsidy, aid, assistance and payments which are by this Act required or permitted to be prescribed.” Authorisa­ 16. Notwithstanding anything to the contrary ptiaoynmoefnts contained in * “ The State Children Acts, 1911 to 1943,” for all payments made prior to the commencement of f “ The mofaSintatetneance State Children Acts and Another Act Amendment Act of children. 1952 ” by the State Children Department constituted under the aforesaid Acts to the governing authority of any licensed institution for State children maintained in such institution and to the mother, female relative, or father of any State child to assist in the maintenance for such child, and to the foster mother of any State child for the care and maintenance of such child are hereby ratified. P art III.— A mendment of “ T he A doption of C hildren A cts , 1935 TO 1941.” P art III. —A mendment of J “ T he A doption C hildren A cts , 1935 to 1941.” of Construction 17. This Part of this Act shall be read as one with aonf dPart III. + “ The Adoption of Children Acts, 1935 to 1941,” and collective those Acts and this Part of this Act may be collectively title. cited as “ The Adoption of Children Acts, 1935 to 1952. ” Amendments 18. Section six of J “ The Adoption of Children Acts, o26f sG. e6oo. Vf . 1935 to 1943, ” is amended by inserting in subparagraph No. 7. (c) thereof after the word “ applicant ” where that word twice appears the words “ or any other person whomsoever ”. * 2 G. 5 No. 11 and amending Acts, t This Act. X 26 G. 5 No. 7 and amending Acts.