State Children Relief Act 1901 (NSW)

510   Act No. 01, 1901.

State Children Relief.

Act No. 01, 1901.

State C h il dr en

R e l ie f .

An Act to consolidate tlie Acts relating to the

establislinient of a system of Boarding-out

Children. [19̂ 7/ December, 1901.]

"T^E it enacted by the King’s iMost Excellent IMajesty, by and -with

the advice and consent of the Legislative Council and Legisdative

Assembly of Kew Soutli Wales in Parliament asscinbled, and by the

authority of the same, as follows :—

PART I.

Rrellminary,

Short title and	1. This Act may be cited as the “ State Children llelief Act,
division.

1901, and is divided into Parts, as follows :—

PART I.— Preliminary—ss. 1-3.

PART II.— The Board and hoarding-out ojfieers—ss. 4-C.

PART I I I .— Foiccrs and duties o f the Board and hoarding-oat

officers—ss. 7-19.

PART IV.—Regulations— ss. 20, 21.

PART V.—-General provisions—ss. 22-21.

PART V I.— OJfences and procedure—ss. 25-28.

Rc])cal and savings, 2. (1) The Acts mentioned in the Schedule hereto are to the

extent therein expressed hereby repealed.

OlHceM's under (2) The President of the Board, the Board, the hoarding-out

ropraled Acts. officers, and all other persons appointed under the Acts hereby repealed shall remain in office as if this Act had been in force when they were appointed and they had been apjiointed hereunder.

Regulations under (3) All regulations framed or made under the Acts hereby

repealed Acts. repealed, and all licenses issued under the said Acts and regulations, and being in force at the passing of this Act, shall remain in force as if they had been made under this Act, and references in such regulations to the provisions of the Acts repealed shall be construed as references to the corresponding provisions of this Act.

Slate d i i ld m i under (1) The provisions of this Act shall apply to all children

rejH'aU'd Acts. '

boarded-out or apprenticed under the repealed Acts, as if they had

been boarded out or apprenticed under this Act.

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

41 Vic. No. 21, s. 11. indicates or requires,—■

00 Y\e. No. 9, s. 15. “ Apprentice ” means any boarded-out child under articles of

indenture under this Act. “ A sylum ”

Act No. Gl, 1901. 511

state Children llelief.

'A sylum ” includes the llcucvolent Asylum, every asylum tor desiitut(' cliildrcii, or industrial asylum, and every cliaritahle institution 'whatever, udiolly or partly supported hy g'raiit.s from tlu' Consolidated Ilc^venuc hund.

Board ” means the hoai’d constituted or continued under this

Act.

' Justice ” means justice of the peace.

l\[inister” means the Colonial Secretary; and

' State child” means any inmate of any asylum, and includes any

child tor whose admission tluu'cto the Minister has issued an

order.

BABT II.

The Board and hoardiiuj-oiit officers.

4. Subject to the provisions of section two, suhscction two, a I'lio liouni.

Board, under tlie name of “ the State Children’s llelief Board,” to he'll Vi;. No. 2 1, s. 4.

composed of not more than nine persons, shall Ix' appointed hy the

Governor.

5. Subject to the provisions of section two, suhscction two, the I’rosiciontnnd

president of the Board shall he a])pointed hy the Governor, and shall

preside at all meetings of tlie Board, hut in his ahsence the Board

''

shall appoint one of their number to he vice-president. Three

memljers shall constitute a quorum.

6. The Governor may ajipoint one or more persons under tlie Hoaniing-uut

title of “ Boarding-out otiiei'r ” to carry out the provisions of this	Ibid. a. 1.
Act.

BAHT III.

Bowers and Duties o f the Board and hoardlncj-out ojfieers.

7.                 Tlie Board shall in all matters appertaining to the hoarding- iMimiions oithe

out of State children under this Act, subject to the direction of the Ministi'i', he the authority to direct the removal of such childrim, to issue licenses for the reception of State children as hoarders, to apprentice any child so hoarded-out, at or before the cud of his term of residence, to any person approved hy such Board for any period not exceeding tlvc years, to approve of jicrsons ajiplying to adopt State children and to arrange the terms of such adoption, and to direct the restoration of any child to his parent or guardian oir such terms as

they may think proper. 8 .

r - ^

512   Act No. Gl, 1901.

s ta te Children Relief.

Officer may board-	8 . A boarding-out officer may, and shall whenever so directed,
out State cliild.

44 Vic. No. 24, 8. 2.	remove any State child from an asylum and cause him to he hoarded-
60 Vic. No. 9, s. 1.	out in the house of some person licensed as hereinafter provided for any period not extending, except in special cases to he approved hy the ]\Iinister, beyond the time when such child shall attain the age of twelve years :
Proviso.	Provided that at the discretion of the Board such period may extend to the time when such child shall attain the age of fourteen years.

Power to remove	9. A hoarding-out officer, whenever so directed hy the Minister,
children from

reformatory schools.	may remove any child from a reformatory school and cause him to be
44 Vic. No. 24, s. 3.	hoarded-out in the house of a person, licensed under this Act, for any period not extending beyond the term of detention of such child, hut subject to the conditions and directions prescribed hy the regulations.

Report to Parliament. 10. The President of the Board shall report to Parliament

Ihid. 8. 12. every year on the working of this Act, and shall in such report specify the number of children hoarded-out during the past year or portion thereof, particularising the name, sex, and age of every such child, and the person and place with whom he or she has been boarded-out, the cost of such child’s outfit and maintenance, the number of children apprenticed or returned to their original place of detention, and all other particulars which the Minister may direct to he contained in such report.

Boarded-out	11. The Board shall compel the attendance at some public
children entitled

to free railway passes	school, Avhere reasonably practicable, of all children hoarded-out under
and free education.	this Act, except in cases Avherc the Board is satisfied that the children
Ihid, s, 11.	are otherwise properly educated Avithout charge to the State.
All children shall during the term of such hoarding-out he entitled to attend any public school Avithout payment of fees, and to travel fi’ce on all Government railways AA'hilst going to and from such school.

Extension o£ period 12. Thc Boaixl uiay A'isit and inspect all children for two years

of supervision.	after their official period of hoarding-out or appi’cnticeship has
60 Vie. No. 9, s. 3.	terminated.

ray m en t for outfits. 13. Tlic Boui’d may at their discretion compel parents to pay,

Ihid. 9. 7.

on the restoration of their children, the aM uc of the outfits of such

children.

Deduction from	14. The Board may deduct from the payments due to any
payments to

guardian.

guardian such amount as may he deemed equivalent to the loss

Ihid. s. 8.

occasioned hy the neglect of such guardian to keep outfits up to

regulation standard.

Control of children.

15. When a child is surrendered hy his parents for adoption, the consent of the Board.

Ihid. s. 9.

such parents shall ha e no further control over such child, except hy

16.

Act No. ()1, 1901. 513

s ta te Children llelief.

16. The Board may- Clilidi'eii mnv bo

(a)	in their discretion, hoard out lo any deserving n idow her own
children ; and wives.

(i)   hy the nnanimous vote of a meeting of the .Board, and ^vith the approval of the Minister, hoard out to any deserted wife her own cliildren

under tlic provisions of this Act. •

17. The Board may ])laco invalid or sick children under their Cotugo Uemes for

control in cottage-homes in approved localities, and may make ■i . » p v i * j Jljld, 8. 11«

necessary regulations lor their management.

18. The Board mav, in the name of a hoarding-out officer, institute legal proceedmg.'i against any parents lor moneys expended . . . . . -1 1 -1. ‘ . . i t . 1 1 di'iiuilting parents,

̂

in the maintenance of their children when satisfied that such parents

are in a position to pay f o r such maintenance.

19. Thc Board imiy, in the name of a lioarding-out officer, institute legal proceedings against the parents of illegitimate cliildrcn* ĵ'iJ"™j‘g''^“

for the recovery of maintenanci' money, and such parents shall he	'	'
liable jointly and severally.

PART IV.

Megulations.

20. The Governor may frame regulations—•

Governor may frame

regulations.

(1) Exempting any State child from liability to he hoarded-out : No 24 s 6

(2) Exempting any hoarded-out child from apprenticeship, and 00 vî . no. 9, s. 2.

extending the time for a period not exceeding three years

during which such child may he maintained :

(3) Prescribing the terms and conditions of indentures of apprenticeship of hoarded-out children, with power to transfer such apprentices or to cancel their indentures in cases of ill- treatment of thc children, cr for other sufficient cause ;	'
(I) Authorising the Board to deduct from payments due to

apprentices in thc event of misconduct: '

(5) Defining the mode of procedure for the recovery of wages

due to apprentices :

(()) Eor the purpose of enabling thc Board to carry out the objects

of this Act in regard to apprenticed children :

(7) Providing for and prescribing the mode of remoA'al and of free carriage on all Government railways of State children, together with their attendants, and of free access to and from public schools by such rail wavs :

2 K ‘ (8)

514   Act No. ()1, 1901.

state Children llelief.

(8) PrescribiDg the terms ;md conditions of issuing licenses to

persons desirous of rc(!eiving State children as hoarders:

(9) Providing for tlie visitation and inspection of State children

hoarded o u t:

(10) Prescribing the terms and conditions upon uhich State

children may h(' adopted hy tit persons:

•	(11) Prescril)ing the person or persons hy whom and in wdiose name State children may he apprenticed, and the conditions of indentures for such apprenticeship ;
(12) Prescribing thc mode of conducting the business of thc Board

' at all meetings thereof :

(13) Declaring the duties of Boarding-out Officers, and their

relation to the said Board :

(11) Defining the kit or outfit with whicli each child to he

hoarded-out shall he supplied before removal for that purpose:

(15) Providing for the attendance of all such cliildren at some

public school Avhenever practicable :

(16) Providing for the punishment of childriai in aceordanee with

section twenty-two of this A c t :

(17) Pi’oviding for medical attendance to any State child being ill, or having met with an accident, and for thc burial of any such child a\ ho has died :

(18) Providing for thc attendance at some place of -worship of all State children, and generally for their moral training and discipline -while hoarded-out:

(19) Prescribing thc mode, time, and place of payment for the maintenance of children hoarded-out to the persons with Avhom they are so hoarded :

(20) Appointing thc terms and conditions subject to Avhich State

children may he adopted :

(21) Prescribing the mode, time, place, and guarantee of payment for maintenance of children admitted into asylums as State children, and after-wards hoarded-out according to the provisions of this Act, hut Avhose parents are able, in -\\ hole or in part, to defray the cost of such maintenance :

(22) And generally for carrying out the purposes of this Act in

all matters of dffiail wdiatsoever.

To bo pubiisiicd in 21. All sucli regulations upon publication in the Gazette shall before'̂ ptuiamŵ^̂ ̂ Iiavc tlic full foi’cc of law, and shall he laid before Parliament -within

4 J. vio. No. 24 u. fourteen days after the making thereof if Parliament is then in session,

CO Vic. No. 9, B. 2.

and if not, then -ndthin fourteen days after tlui commencement of the

next ensuing session.

PART

Act No. 01, 1901. 515

Slate Children Hellef.

PAJIT Y.

Ceiiei'dl prooitiions.

22. Any clyld buarded-out under this Act who ahsconds from the person with Avliom he is placed, or refuses at the end oL' liis term	out iiuia
of hoardin^-out, hut before the end of his term of detention (if any),	̂ . s. .
to return to his original ]>laee of detention, shall he liable to he whipped, if a male, with a birch rod or cane and, whether malt' or female, to thc punishment of bread and water in accordance Avith the directions contained in thc regulations.

23. All moneys and other property to which childnm h o a r d e d s i , r e

out, adopted, or ap]>renticcd shall he entitled shall I'jc })laced to a

separate fund, and sliall ho under the control of the Board for the (>o vie No. ;*, s.«.

henefit and maintenance ol‘ such childrc]i.

24. (1) The expenses incurred in respect of children hoarded-Kx |iciim> of

out under this Act and thc necessary current expenditure incurred hy

thc Board shall he defrayed from such moneys as Barliament shail 44 vk. Xu.	s. lo.
apj)ropriatc for that purpose, and if there are no such moneys aA’ailahh'	’
such expenses shall he defrayed out of the Consolidated Bevenue Bund hy warrant under thc hand of thc CfoA'crnor directed to thc Colonial 'I’reasurer.
(2) The said Trc'asurer shall pay out of the said Fund only such charges as arc certilied to he correct under the hand of the President of the Board or thc IMinister and countersigned hy the hoarding-out officer, and all payments in pursuance of such Avarranis shall he credited to thc said Treasurer, and thc rcccijits of the pc'rsons to Avhom thc same arc paid shall he his discharge in ]-esi)cct ol' IIk' sum therein mentioned in thc passing of his accounts. All payments made under any such Avarrant shall he recouped out of thc vot(; for the hoarding-out of State children so soon as tlu're are sulllcient funds to thc credit of such A'ote.

PABT YI.

Offences and procedure.

25. Any person Avho remUt v foi.

( t i ) directly or indirectly, AvithdraAi's from, or counsels, or induces diiu

any child or apprentice hoarded-out or apprenticed, to abscond 44, jfo. a , s. a,

from the person Avith AAdiom, or to Avhom, such child is co vie. No. 0, s. 1.

hoarded-out or apprenticed, before the expiration of his term

of hoarding-out or ai)prcnticcship, or

(6) knoAving any child or apprentice to have been so Avithdraw ii or

to have so absconded, harbours or conceals such child or

apprentice.

516   Act No. 62, 1901.

Loan.

apprentice, or prevents him from returning to the person with wliom he was boarded-out, or to whom he was apprenticed, or to tlie place of his original detention,

shall he liable for any such otfcnce to a penalty not exceeding twenty pounds, or to be imprisoned, with or rvithout hard labour, for any term not exceeding two months.

Arrest of absconding 26. Aliy justicc may issuc a Avarrant for the arrest of any

eo'TirxTo s 5 fippi’cntice, or boarded-out, or adopted child, who has absconded, or

’ ’ been illegally removed by parents, or other persons, from the control of the legal guardian under this Act.

renftitv for ill-usage 27. Any person who ill-uses or neglects to perform his duty

of child.

44 Vic. No. 24, s. 7.	toAvards any child hoarded-out Avith him, or violates any regulation concerning such child, shall be liable to a penalty not exceeding ten pounds, or to he imprisoned, AAuth or Ai ithout hard labour, for any term not exceeding tiA'o months.
Prosecution of

offences. 28. Any person offending against any of the jiroAusions of this

44 Vic. No. 2 4, s. 13.	Act may ho prosecuted upon thc complaint of any constable, or
60 Vic. No. 9, s. 14.	householder, or person authorised by the Hoard.

Section 2 (1). S C H E D U L E .

Reference to Act. Title OP short title. E xten t of repeal.

4 4 V ic . N o . 2 4	. . .	s t a t e	C h ild r e n	E e l i e f	A c t	o f	1 8 8 1	. . .	. . .	T h e	w h o le .
(jO V ic . N o . !)	...	S ta te	C h ild r e n	E e l i e f	A c t	o f	189G	. . .	. . .	T h e	w h o le .