State Children Relief Act of 1881 No 5a (NSW)

1881. VIC. No. 24.

state Children ^Relief.

No. X X IV.

An Act to establish a System of boarding-out state children

Children. \hth April, 1881.]

'O E it enacted by the Queen’s Most Excellent Majesty by and with I ) the advice and consent of the Legislative Council and Legislative

Assembly of New South Wales in Parliament assembled and by the authority of the same as follows

1. I t shall be lawful for the Governor to appoint one or more Appointment of

persons under the title of “ Boarding-out Officer” to carryout the “f

provisions of this Act.

2. I t shall be lawful for a Boarding-out Officer and he is Duties of Boarding-

hcreby authorized and required whenever so directed to remove any	ô eers.
State child from an Asylum and to cause him to be boarded-out in the house of some person licensed as hereinafter provided for any period not extending (except in special cases to be approved of by the Colonial Secretary) beyond the time when such child shall attain the age of twelve years.

3. A Boarding-out Officer whenever so directed by the Colonial Pow to remove

child but subject to the conditions and directions to be prescribed by the Begulations.

Secretary may remove any child from a Beformatory School and cause E eform ato rjV cW

him to be boarded-out in the house of a person licensed under this &c.

I. A Board under the name of “ Tlie State Children’s Belief Board of advice.

Board ” to be composed of not more than nine persons shall as soon as conveniently practicable after the passing of this Act be appointed by the Governor which Board shall in all matters appertaining to the boarding-out of State children under this Act but subject to the direction of the Colonial Secretary be the Authority to direct the removal of such children—to issue licenses for the reception of •

State children as boarders—to apprentice any child so boarded-out at or before the end of his term of residence to any person approved by such Board for any period not exceeding live years—to approve of persons applying 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 on such terms as they may think proper.

5. The President of the Board shall be ai)pointed by the President and

Governor and shall preside at all meetings of the Board but in his absence the Board shall appoint one of their own number to be Vice­

President Thrc(! Members sliall constitute a quorum.

6. I t shall be lawful for the Governor to frame Bcgidations Begulations.

from time to time—

(1.) Exempting any State child from liability to be boarded-out -

(2.) Providing for and prescribing the mode of removal and of

free carriage on all Government Bailways of State children together with their attendants and of free access to and from Public Schools by such railways

(3.) Prescribing the terms atrd conditions of issuing licenses to

persons desirous of I’c'ceiving State children as boarders

(I.) Providing for the visitation and inspection of State children

boarded-out

(5.) Prescribing the terms and conditions upon which State

children may be adopted by fit persons

■ ( 0 .)

No. 24. 44” VIC. 1881.

state Children Belief.

(6.) Prescribing the person or persons by whom and in whose name State children may be apprenticed and the conditions of indentures for such apprenticeship

(7.) Prescribing the mode of conducting the business of the Board

at all meetings thereof

(8.)

Declaring the duties of Boarding-out Officers and their relation

to the said Board

(9.) Defining the kit or outfit with which each child to bo

boarded-out shall be supplied before removal for that purpose

(10.) Providing for the attendance of all such children at some

Public School whenever practicable

(11.) Providing for the punishment of children in accordance

with section eight of this Act

(12.) Providing for medical attendance to any such child being

ill or having met with an accident and for the burial of any

■ such child who shall have died

(13.) Providing for the attendance at some place of worship of all State children and generally for their moral training and discipline while boarded-out

(14.) Prescribing the mode time and place of payment for the maintenanee of cliildren boarded-out to the persons with whom they are so boarded Appointing the terms and con­ ditions subject to which State children may be adopted

(15.) Prescribing the mode time place and guarantee of payment for maintenance of children admitted into asylums as State children and afterwards boarded out according to the provi­ sions of this Act but whose parents are able in whole or in part to defray the cost of such maintenance

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

all matters of detail whatsoever

And all such regulations upon publication in the Gazette sliall have the full force of law and shall be laid before Parliament within fourteen days after the makmg thereof if ParKament be then in Session and if not within fourteen days after the commencement of the then next ensuing Session of Parliament.

lU-iisage of boarded*	7. If any person ill-uses or neglects to perform his duty towards any child boarded-out with such person or violates any regulation concerning such child such person shall be liable to a penalty not exceeding ten pounds or to be imprisoned with or without hard labour for any term not exceeding two months.
out cliildren.
Boarded-out child	8. If any child boarded-out under the authority of this Act absconds from the person with whom he is placed or refuses at the end of his term of hoarding-out but before the end of his term of detention (if any) to return to his original place of detention such child shall be liable to be whipped (if a male) with a birch rod or cane and (whether male or female) to the punishment of bread and water in accordance with the directions contained in the Begulations.
absconding.
Penalty for with­
drawing harbouring	9. I f any person shall directly or indirectly withdraw from or with whom such child is boarded-out before the expiration of his term of boarding-out or knowing any child to have been so withdrawn or to have so absconded shall harbour or conceal such child or prevent him from returning to the person with whom he was boarded-out or to the place of his original detention (as the case may be) such person shall be liable for any such offence to a penalty not exceeding twenty pounds or to be imprisoned with or without hard labour for any term not exceeding two months.
&c. children boarded-	counsel or induce any child boarded-out to abscond from the person
out.
Expenses of boarding-

out State children 10. The expenses incurred in respect of children boarded-out

how defrayed. under this Act and the necessary cm’rent expenditure incurred by the

Board

1881. VIC. No. 24f.

state Children Belief.

Board sliall bo defrayed from siicli moneys as Parliament sliall

appropriate for that purjiose Provided that if there shall he no snch

moneys available such expenses shall he defrayed out of the Consolidated

Revenue Pund by 'warrant under the hand of the Governor directed to

the Colonial Treasurer And the said Treasurer shall pay out of the

said Prmd only sucli charges as shall he certified to he correct under

the hand of the President of the Board or the Colonial Secretary and ■

countersigned by the Boarding-out Officer And all payments in pur­

suance of such 'ivarrants shall lie credited to the said Treasurer And

the receipts of tlie persons to whom the same shall he paid shall he

his discharge in respect of the sum therein mentioned in the passing	'
of his accounts All payments made under any such warrant shall he recouped out of the vote for the hoarding-out of State children so soon as tliore shall he sufficient funds to the credit of such vote.

11. I t shall he the duty of the Board to compel the attendance noavdcd-outciiikiron

at some Public School wherever reasonably practicable of all children «>t>tied to free

hoarded-out under tliis Act except in cases where the Board shall he

satisfied that the children arc otherwise properly educated without

charge to the State and all children shall during the term of such

hoarding-out ho entitled to attend any Public School without payment

of fees and to travel free on all Govemment railways Avhilst going to

and from such school.

12. The President of the Board shall report to Parliament every Rc]iort to Paiiia- .

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 particularizing the name sex and age of every such child and the person and place with Avhom he or she has been hoarded-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 Colonial Secretary may direct from time to time to he contained in such Report.

13. Ea 'ciw offence against this Act may he prosecuted and cv'cry offonecs now

penalty or punishment in respect thereof he imposed before and by any two Justices in a summary way upon the complaint of any constable or householder or person authorized by the Board.

14. This Act may he cited as the “ State Children Relief Act sh o rt tiUc .nui

of 1881” And in its construction and for its purposes the ’̂ yord

“ Governor” means the Governor Avith the advice of the Executive ’ •

Council “ Board ” means the Board constituted under the provisions

of this Act The AAmrd “ Asylum” means and includes the Benevolent . . ,

Asylum CÂ ery Asylum for Destitute Children or Industrial Asylum

and every Charitable Institution Avhatcver wholly or partly supported

by grants from the Consolidated Revenue Eund And the expression

“ State child” means any inmate of any such Asylum School or	-
Institutio]! as last aforesaid and also any child for whose admission thei’cto a Colonial Secretary’s order has been issued.

No. XXV,