The Inter State Destitute Persons Relief Act 1910 (SA)

GEORGII V RIEGIS.

A.D. 1910.

No, 1008.

An Act for the Relief of Persons whose Relatives liable to support them reside in another State of the Commonwealth, and for other purposes.

[Assented to, November yvd, zpro.]

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

PART I. PART r.

PRELIMINARY.

1, This Act may be cited as " The Inter-State Ilestitute Persons Short title.

Relief Act, 1910."

2, This Act shall come into operation on a day to be fixed by Commencement.

the Governor by Proclamation published in the Government Gantte.

3, This Act is divided into Parts, as follows :- Division of ~ c t.

Y ART I.--Preliminary:

PART I I .--Summons for Maintenance against Person in 1

another State:

PART I I I.-Enforcing Order for Maintenance made in

another State:

Y s HT I v. -Miscellaneous.

4, In this Act, unless inconsistent with the context or subject Interpretation.

matter-

" Collector " means an officer appointed in another State, whose

duties, or part of whose duties, are similar to thoae of the

Collector appointed under this Act:

A--1 008 Commonwealth "

I" GEORGII V, No. 1008.

The Inter-State Destitute Persons Relit$ Act.-1910.

Commonwealth " means the Commonwealth of Australia:

fi Justice " means Justice of the Peace:

Order" includes judgment, and an order means an order or judgment whereby any person is adjudged, ordered, or directed to pay money, whether in one sum or by instal- ments, or to pay money periodically, for or towards the sup- port of any person, or otherwise to make provision for or towards the support of any person:

" Prescribed " means prescribed by this Act or by regulation:

'' Regulation " means regulation made under this Act;

"State" means, in Part IT., any State in the Cornmonwealth concerning which a l'roclamation under subsection ( 1) of section 5 has been published and is in force for the time being; and in Part 111. " State " means any State in thc Commonwealth concerning which a Proclamation under subsection (2) of section 5 has been published and is in force for the time being:

.

Summons for relief" meails a summons to show cause why a pelson should not support, or should not contribute towards the support 07, another person:

The. Collector " means the Collector appointed under this ,4ct:

This Act " includes regulations made under this Act:

"This State " nleans the State of South Australia.

Establishment of

reciprocity by

5. (1) When in any State in the Commonwealth an Act is in force containing provisions substantially similar to those contained in, or for carrying out objects substantially similar to the objects of,

Pmldmation.

section 6, the Governor may by Proclamation iublished in the Gove~s~tnent Gazette declare that Part 11. of this Act shall be in

force as regards such State, and such State shall thereafter be a

State within the meaning of Part IT.

('L) When in any State in the Commonwralth an Act is in force containing provisions substantially similar to those contained in, or for crtrrying out objects substantially similar to the objects of, Part III., and sections 21 to 24, both inclusive, the Governor may by Yroclamation published in the Government Gazette declare that Part 111. of this Act shall be in force as regards such State, and such State shall thereafter be a State within the meaning of Part 111.

(3) Notwithstanding anything in this section, if at any time after the publication of any Proclamation under this section neither the provisions in consequence of which such Proclamation was published nor any similar provisions are in force in the State regarding which such Proclamation was published, such Proclamation shall

cease

8

- I * GEORGII V, No. 1008.

The Inter-State Destitute Persm Relief Ad.-1910.

P ~ x z T l.

cease to be in force upon the publication in the Government Gozctfe

of a Proclamation by the Governor revoking the former Proclama-

tion, and such State shall thereupon cease to be a State within the

meaning of Part 11. or Part III., as the case may be.

(4) A Proclamation under subsection (l) or subsection (2) shall be deemed to be in force until a Proclamation revoking the same is proved.

( 5 ) Proclamations under subsections (1) and (2) or Proclamations under subsection (3), regarding the same State, may be in the same or separate documents.

(6) The Goverament Gazette purporting to contain a Proclama- tion under this section shall be. sufficient evidence of the validity, contents, and publication of such Proclamation, and shall be con- clusive evidence of the existence of all conditions precedent to the valid making thereof.

PART 11.

STJMMONS FOR MAINTENANCE AGAINST PERSON -

I N ANOTHER STATE.

6, Whenever in any State-	issued in an~ther Summons for relief
&ate may be served

(a) I. Any husband leaves his wife; or in this State.

11. Any parent leaves his or her child under the age of'

eighteen years, whether legitimate or illegitimate; 01'

I I I. Any child over the age of twenty-one years leaves his or

her parent; or

IV. Any person liable to support, or to contribute towards

.the support of, another person leaves such other

person,

without adequate means of support; or

v. An order has been made by any Justice or Justices 01:

by any Court, not being a Court of Record, and

such order remains unsatisfied wholly or in part;

and in any such case-

( b ) Such husband, parent, child, or person, or the person by

such order adjudged, ordered, or directed to pay or make provision (each of whom is hereinafter referred to as " the defaulter "1, comes to reside or resides, either temporarily or permanently, in this State,

any summons for relief or any process to enforce such order, granted or issued in any State by any Justice or Justices or out of any Court (not being a Court of Record) upon application made by or on behalf of the wife, child, parent, or person so left, or by or on behalf of the person for whose support such order was made, and against or directed to the defaulter, may be served in thia State. -.:

7. Whenever

I" GEORGII V, No. 1008.

The Inh~-State Destitute Persons Relief Ad.-1910.

PANT 11. 7, Whenever in this State-

Summons for relief

against defaulter in	(a) I.	Any husband leaves his wife; or
anotber State.

11. Any parent leaves his or her child under the age of

eighteen years, whether legitimate or illegitimate; or

rlr. Any child over the age of twenty-one years leaves his

or her parent; or

IV. Any person liable to support, or contribute towards the

support of, another person leaves such other person,

without adequate means of support; or

v. An order has been made by any Justice or Justices or

by any Court, not being a Court of Record, and such

order remains unsatisfied, wholly or in part; and

' b ) Such husband, parent, child, or person, or the person by such order adjudged, ordered, or directed to pay or make provision (each of whom is hereinafter referred to as the defaulter "j, goes to reside or resides, either temporarily or permanently, in any State other than this State,

any Justice for this State may, upon application mado by or on behalf of the wife, child, parent, or person so left, or by or on behalf of the person for whose support such order was made (each of whom is hereinafter referred to as the complainant "), sign and issue a eummons directed to the defaulter, to show cause why he or she should not support or should not contribute towards the support of the complainant, or should not pay any moneys due and to become due under such order, as the case may require.

Evidence in suppoft

of application for 8. (1) No summons shall be issued under section 7 unless the

rummone.	application therefor is supported by an affidavit or declaration made by or on behalf of the complainant, in the form contained in the
in the said Schedule. First Schedule, or to the like effect, and stating the matters indicated (2) A Justice upon issuing a summons under section 7 shall retain the affidavit or declaration whereon the same was made, and shall, as soon as practicable, deliver or send such affidavit or declaration
to the Clerk of the nearest Local Court, who shall file the same in
the office of his Court.
(3) An affidavit for the purposes of this section shall be sworn before a commissioner for taking affidavits in the Supreme Court, and a declaration for such purposes may be made before a Justice.

Time and p h a for	Q,	Every summons issued under section 7 shall state a place and
haring summons.

a time after service for the hearing hereof, which shall be fixed by

the Justice iseuing the summons, regard being had in fixing the length of time to the distance of the alleged place of residence

of the defendant from the place fixed for the hearing.

10. (1) A

I" GEORGII V, No. 1008.

The Inter-State Destitute Persons Rdkf Ad.-1910.

10, (1) A summons issued under section 7 may be served either in this State or any .other State. PAB* 11.

service of summons

and proof thereof.

(2) Service of such summons, or the steps taken in attempting to

serve the same, shall be proved by affidavit sworn before a commis- sioner for taking affidaviis in the supreme Court of this State or of the State wherein service was effected or attempted, or by declara- tion made before a Justice for this State or for the State wherein the service was effected or attempted.

11. A summons iseued under section 7 may be heard and deter- Who may hear summonn.

mined by any Justice or Justices for this State.

12. If' at the hearing of a summons issued under section 7 or P~wer80f hearing the Jueticea summon^.

any adjournment of such hearing-

( a ) Service of the summons is proved; or

( b ) I t is proved to the satisfaction of the Justice or Justices that

a reasonable attempt has been made to serve the summons, and that the defendant has intentionally evaded service thereof,

the Justice or Justices may proceed to hear and may determine the summons, and may, if satisfied that the defendant is able to support or contribute towards the support of the complainant, make an order for the payment to or on behalf of the complainant of-

I. Such sum (if any) as the Justice or Justices deem proper

for past maintenance, by instalments or otherwise; and

11. Such periodical sums as the Justice or Justices deem proper

for future maintenance; and

1x1. Costs, fo be fixed by the Justice or Justices.

PART 111. PART 111.

ENFORCING ORDER FOR MAINTENANCE MADE I N

ANOTHER STATE.

13. (1) The Governor shall appoint a Collector for the purposes Collec~r for Inter-

State Destitute

of this Act, and may appoint such Assistant Collectors and other , , ,

l

officers.as he deems necesshry for such purposes.

(2) The official title of the Collector shall be Collector for

Inter-State Destitute Persons," and the official title of an Assistant Collector shall be "Assistant Collector for Inter-State Destitute Persons."

14. (1) The Collector, upon receiving from a collector appointed AP Ecation for maEine o d e ~ tor

in another State the following documents, namely :- relief enforceable in

I. The original or a duplicate of an order made by a Justice or Justices for such State signed by him or them, or a copy of such order, certified as correct under the hand or thie State.

hands

I" GEORGII V, No. 1008.

Th Inter-State- Destitute P ~ Y s ~ Relief Act.-1910.

hands of the Justice.or Justices by whom such order was made, or a certificate of an order made by a Court of such ,State (not being a Court of Record) under the hand of the clerk or other proper officer of such Court and the seal thereof, such order, in any case, being made in favor of any person resident in such State;

I r. An affidavit in the form in the Second Schedule, or to the

like effect, and stating the particulars indicated in the said Schedule, swoin by such collector before a commis- sioner for taking affidavits in the Supreme Court of such State; and

1 1 J. A request that the order be made enforceable in this State,

shall attend before a Justice and apply to have such original or duplicate order, certified copy, or certificate endorsed as provided by section 15.

(2) A document purporting to be such a document as mentioned in subseotion (l), and to be signed or signed and sealed as thereby required, shall, for the purposes of this Act, without proof of any signature or seal appearing thereon, be deemed to be what it purports to be, and to be duly signed or signed and sealed, until the contrary is proved.

To be endorsed if

defaulter resident in 15. Upon such application being made to a Justice and upon

thie State. production of the original or duplicate order, certified copy, or certi- ficate and the affidavit referred to in section 14, the Justice, if satisfied that the person against whom the order was made is resi- dent, either temporarily or permanently, within this State, shall endorse such original or duplicate order, certified copy, or certificate with a fiat directing that the order be enforced within this State, and shall sign such endorsement.

Collector to aerve

copy of endorwd 16. (1) Upon obtaining the endorsement referred to in section

order.	15 the Collector shall serve, or cause to be served, a copy of such order, certified copy, or certificate, and of the endorsement thereon, certified as correct under his hand, upon the person against whom the order was made; and such order shall thereupon be and continue to be enforceable in this State.
(2) The service required by this section may be effected by delivering the document to the person to be served, or by posting the same by registered letter addressed to him at his last known place of residence.
After eervice all

moneye to be payable 17. When an original or duplicate order, certified copv, or certi-

to the collecter. ficate has been endorsed pursuant to section 15, and a copy thereof has been served pursuant to section 16, all moneys by the order adjudged, ordered, or directed to be paid shall be payable to the Collector, who is hereby authorised to collect and receive the same, and to take all such steps for the recovery thereof as might be taken

by

r o GEORGII V, No. 1008.

The Inter-State Destdute Persons Relief Act.-1910.

PAET 1x1.

by the person in whose f avor the order was made; nnd the receipt	pp-	-
of the Collector for any such money shall be a valid discharge of the
liability to pay the same.

18. In addition to the powers and duties hereinbefore conferred ~ ~ ~ 8 ~ ~ ; ; ~ ~ r m

and imposed, it shall be the duty of the Collector-

r. To collect all moneys payable to him as provided by

section 17, and give receipts for the sums .so collected;

I r. To keep proper accounts of all moneys collected and received by him and of all moneys remitted and paid by him;

I I I. 'l'o file in his office, and keep proper records of, all

documents received by him as mentioned in section 14 ;

IV. Once at least in every fortnight, or as often as prescribed,

to remit to the collectors appointed in the various States

all moneys collected and received by him in respect of orders received from such States respectively, less the costs and expenses of collection and remittance, together with proper accounts showing in respect of what orders the various moneys were collected and received and the costs and expenses deducted in respect of such various moneys;

v. To pay the various moneys received by him from the collectors appointed in other States to the persons on whose behalf such moneys are respectively received, less any costs and expenses connected with the receipt and payment thereof respectively; and

vr. '1'0 exercise such other powers and discharge such other duties as are conferred or imposed upon him by regulation.

19, When an order has been made and signed by a Jus" dce ur Collector to forward

Justices for this State, or an order has been made by a Court of this ~	$	~	~	~	~	~	~	~	!
State, not being a Court of Record, in ftivor of any person resident States.
in this State, and the person against whom the same is made goes to
reside or is resident, either temporarily or permanently, in another

State, the.Collector shall, upon application made by or on behalf of

l

the person in whose favor such order was made, send to a collector

appointed in such other State the following documents, namely :-

I. The original or a duplicate of the said order made by a

Justice or Justices signed as aforesaid, or a copy of such order certified as correct under the hand or hands of the Justice or Justices by whom such order was made, or a certificate of the said order made by a Court under the hand of the clerk or other proper officer of such Court and the seal thereof;

I 1. An affidavit i n the form in the Second Schedule, or to the

like effect, and stating the particulars indicated in the

said

GEORGII No.

-

Th Inter-State Destitute Persons Relief Act.--1910.

said Schedule, sworn by the Collector before a com- missioner for taking affidavits in the Supreme Court of this State;

111. A statement of such information as the Collector is able

to obtain for the purpose of enabling the collector to whom the documents are sent to identitjr and discover the whereabouts of the person against whom the order was made; and

I V. A request that the order be made enforceable in such othe~

State.

Affidavit 01 certificate 20. (1) A certificate under the hand of the Collector or of a col- lector appointed in another State, or an affidavit sworn by either of such collectors, stating that any sum or sums therein specified has or have been paid in respect of an order therein mentioned, shall be sufficient evidence of such payment in any proceedings before any Court, Justice, or other tribunal.

i e n

proof of payment.

(2) Upon production of such certificate or affidavit to the clerk of the (lourt in which such order was made such clerk shall enter up satisfaction of such order to the extent of the amount by snch certificate or affidavit stated to have been paid.

PABT rv. PART IV.

M1SCELLL4NEOUS.

Onus of proof of

identity of perron	31. (1) Subject to subsection (2), when
eerved.

I. A summons or other process by this Act made servable; or

1 1. A summons issued under this Act; or

111. A copy of an original or duplicate order, or of a certified

copy of an order, or of a certificate of an order,

is served upon any person in manner prescribed by this Act, such person shall be deemed to be the person upon whom the same was to be served, until the contrary is shown to the satisfaction of the Court, Magistrate, Justice or Justices before whom the question is in issue.

(2) This sectiot~ shall not apply unless the person by whom the document was so served states in his affidavit or declaration of service, or otherwise on oath, affirmation, or declaration, that he believes the person upon whom such document was served to bz the person upon whom the same was to be served: Provided that nothing in this section shall prevent such identity being proved by any evidence deemed sufficient by the Court, Magistrate, Justice or Justices before whom the question ie in issue.

22. (a ) Any

I" GEORGII V, No. 1008.

The Inter-State Destitute Persons Relief Act.--1 Q1 0.

22. ( a ) Any order made under this Act, and any order made PART IT.

enforceable in this S t ~ t e by virtue of the provisions How ordm m&

of this Act, may be enforced in the same manner as	under, or made
enforceable under, this
an order requiring the payment of a sum of money is	Act to be enforced.
enforceable. and

( 6 ) All moneys which, by any order made under this Act

or by any order so made enforceable, are adjudged, ordered, or directed to be paid, may be raised and levied, or payment thereof may otherwise be enforced, in the satlie manner as the sum which is required to be paid by an order requiring the payulent of a sum of money may be raised and levied, or payment thereof may otherwise be enforced,

under the provisions of the Ordinance No. 6 of 1W) and any ,Qct amending that Ordinance, or of any Act for the time being in force

in that behalf: Provided that-

I. An order made under this Act may be enforced, and any money thereby adjudged, ordered, or directed to be paid may be raised and levied, or payment thereof may be otherwise enforced, at the instance of any peraon in whose favor such order was made or of any oihkr person in his behalf; and

11. An order made enforceable in this State by virtue of the

provisions of this Act shall be enforced, and any money thereby adjudged, ordered, or directed to be paid shall be raised and levied, or payment thereof shall be otherwise enforced, only at the instance of' the Collector or of an Assistant Collector.

23. If any affidavit or other documeni or writing required for the purposes of this Act complies, as to the form and the manner of

making aadavit.

Form and manner of

making thereof, either with the law of the State where the same was made or with the law of this State, such affidavit or other

document or writing shall, as to the form and the manner of making

thereof, be deemed sufficient in all proceedings under this Act and

for all the purposes of this Act.

24, Any person who wilfully and corruptly makes any affidavit or declaration for any purpose of this Act, knowing the same to be

affidavit or declara-

Punishment for,fdse

tion.

untrue in any material particular, shall be guilty of a misdemeanor, and shall be liable, upon conviction thereof, to be imprisoned, with or without hard labor, for any term not exceeding three years.

25. (1) The Collector's accounts shall, once at least in every year, and also whenever directed by the Governor, be audited by the

Audit of collector's

accounte.

Commissioner of Audit.

(2) The Commissioner of Audit shall, in respect of such accounts, have all the powers conferred upon him by '' The Audit Act, 1882," and any Act for the time being in force relating to the audit of public accounts. 26. The

I" GEORGII V, No. 1008.

T h Inter-State Destitute Persms Relzef Act.-1910.

26. The salaries of officers appointed under this Act, and the

Salaries and expenses	other expenses of administering this Act, shall be paid out of
paid out of monep
g",'!&".."z	moneys provided by Parliament. I

Regulations. 27. (1) The Governor may make regulations not inconsistent I

with this Act prescribing all matters andAthings which by this Act are contemplated, required, or permitted to be prescribed, and prescribing, amongst others, the following matters and things :--

1. The duties of the'collector and other officers appointed uuder

this Act;

rr. The methods to be adopted by the Collector and other officers

in the exercise and discharge of their powers and duties;

I 11. The accounts, records, and books to be kept by the Collector

and other officers, and the methods of keeping the same;

rv. The collection, remittance, and payment of moneys by the

Collector;

v. Generally such matters and things as may be necessary or convenient to enable the Collector and other officers to exercise and discharge their powers and duties;

V J. The forms of any documents to be used for the purposes of

this Act, either in addition to or in variation of or substi-

tution for the forms in the Schedules to this Act; and

V I I. All such other matters and things as may be necessary or

convenient for giving effect to thin Act, or for carrying

out its objects.

(2) Any regulation so made may impose a penalty not exceeding

Twenty Pounds for any breach of the same or any other regulation.

(3) All regulations so made shall-

(a) Be published in the Government Gazette;

( b ) 'Sake effect from the date of such publication, or from a

later date to be specified herein; and

(c) Be laici before both Houses of Parliament within fourteen days after publication, if Parliament is in Session, and if not, then within fourteen days after the commence- ment of the next Session of Parliament.

(4) Notwithstanding any publication thereof, no regulation so made sllall continue to have any force or effect if the same is disap proved by resolution of either House of Parliamer,t within thirty sitting days after such regulation has been laid before Parliament, if Parliament is so long in Session: Provided that if either House of Parliament is not in Session for thirty sitting days after such regulation has been laid before it, then such regulation shall not continue to have any force or effect if disapproved by such House of Parliament within thirtg sitting days after the commencement of the next Session of parliament.

I" GEORGII V, No. 1008.

The Inte~-State Destitute Persm Relief Ad.-1910.

28. (1) All proceedings in respect of offences against this Act PART Iv.

&all be by information.

Procedure for

offences.

(2) Such informations, unless for indictable offences, shall be lleard and determined in a summary way before any Special -Ma@strate or any two Justices of the Peace, under Ordinance No. 6 of 1850, or any Act for the time being in force relating to the duties of Justices of the Peace as to summary proceedings.

(3) Such Magistrate or Justices may make any order as to costs which he or they think fit.

(4) All convictions and orders made by such Magistrate or Justices may be enforced as provided in the said Ordiuance or in any other

Act.

29, (1) '[here shall be an appeal to the Local Court of Adelaide Appeals.

in its FuU Jurisdiction from any conviction under this Act, or from any order dismissing any information for any offence against this Act, or any other order made on any such information.

(2) Such appeal shall be regulated by the said Ordinance No. 6

of 1860 and The Justices Procedure Amendment Act, 1883-4," 298 1883-4.

or any Act for the time being in force regulating appeals to Local Cou1.t~: Provided that the Court on such appeal may make any order as to costs which it thinks fit, although such costs exceed Ten Pounds.

30. (1) The Local Court may state a special case for the Spwial case.

opinion of the Supreme Court.

(2) The Supreme Court shall deal with such special case accord- ing to the practice of the Supreme Court on special cases, and may make such order therein, including any order as to the costs of the proceedings in that Court and in the Court below, as to the said Supreme Court appears just.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

DAY H. BOS ANQUET, Governor.

THE

I" GEORGII V, No. 1008.

The I*-State Destitute Persolns Relief Ad.-1910.

THE SCHEDULES,

THE FIRST SCHEDULE.

F o r m o f A f ldar i t for Declaration/ i n support o f 8tcmmons f o r Relief for S ~ r r r c e

out o f the Jurisdiction.

Mouth Australia.

[ f i l l Christian name and surname o f Complainant]

Complainant.

against

LFull Christian name and surname o f Defaulter]

Defendant.

I, [ f u l l Christian name and suvname] of [address and occupatiow] do heroby ri.ake

oath and say (or do solemnly and sincerely declare) as follows :-

l. The above-named defendant is [here state relation o f defendad to conzpl~cinant]. (or On the day of an order was made by jhere state name

o f Juatice or Court] whereby the above-named defendant was ordered to Lhve state

e fect o f the order made for or tow~lrds the support qf the complainant]).

2. To the best of my knowledge and belief the said defendant is now residing a t

in the State of and has been residing

there since about [here state the time so f a r as known or believed].

3. The said defendant left me without adequate means of support. ( O F There is

now due and unpaid under the said order the sum of 1

4. The said defendant [ h e ~ e state, so f a r as known or believed, what means the

defendant has and whether employed or not, and, if' employed, how employedl. -

5. I desire to avail myself (or I desire that the complainant may have the benefit? of " The Inter-State Destitute Persons Relief Act, 1910."

Sworn (or declared) a t

the

day of

before me

Yeotiona 14 and 19 T H E SECOND SCHEI)UI,E.

Form o f A$i'davit to support Application to enforce Order outside the Jurisdiction.

[ N a m e of State where A f i d a ~ i i t sworn.]

[FUZZ C/wistian name and surname of person i u whose favor the order was made]

Complainant.

against

[ F u l l Christian name and surname of person against whom the order was made]

Defendant.

1, of in the State

~f , do hereby make oath and swear as follows :-

l. I am the collector for inter-State destitute persons [or as the oficial title m a y be] C

appointed for the said State under [short or other title of A c t ].

2. On the day of an order was made by

[state by whom or by what Court] whereby the above-named defendant was ordered

to [state efect oJf the order und how payments xere ordered to be made].

3. The

I" GEORGII V, No. roo8.

3. The period for appealing against tne said order has expired, and the said order is still in force.

4. The following amount h& been paid under the said order, namely [slate the amount f y any) paid, and when paid, and, in caaepayabZe by instalments orperiodimlly, t1p fo what timepaymmts have been made] (or No amount has been paid under the

said order).

5. There is now remaining due and unsatisfied under the said order the sum of

being for weeks [or as the case may be]

at per week [or as the case may be].

6. To the best of my knowledge and belief the said defendant is now residing at

in the State of , and has

been residing there since about [state the time so far as known or believed].

Sworn at

State of

the	day of
before me

- - - -- . -

m- -

Adelaide : By authority, R. E. E. Roosn~, Government Printer, N o d Terrace.

C-l008