The State Children Amendment Act 1900 (SA)

A. D. 1900.

No. 750.

An Act to amend the Law relating to State Children,

and for other purposes.

[Assented to, December 5th, I~OO.]

it Enacted by the Governor, with the advice and consent of

BE the Parliament of South Australia, as follows:

1, This Act may be cited as The State Children Amendment Bhort

Act, 1900," and shall be incorporated and read as one with The State Children Act, 1 895," hereinafter referred to as the principal Act.

53, The several enactments mentioned in Schedule A hereto are hereby repealed to the extent mentioned in such Schedule. But such repeal shall not affect any right, interest, or liability already created, incurred, or existing, nor anything lawfully done or suffered under any enactment hereby repealed; and any proceeding in re-

spect of any such right, interest, or liability may be carried on as i f.

this Act had not been passed.

3. The provisions of section 31 of the principa>l Act relating to Hearinsof oomplaint~

the places and times for the hearing or trial of informations against children for offences punishable on summary conviction before a Justice or Justices shall extend to the hearing or trial before a Justice or Justices of all complaints and informations against children for offences punishable by law, whether on summary conviction or otherwise.

750 4. If

63' & 64' VICTORIW, No. 750.

The State Children Amendment Act.-1 90 0.

o f l ~ may p-

yam& incorrigible 4. If any child is brought before Justices charged by an officer

o ildren.	of the Council with being an uncontrollable or incorrigible child,
the Justices, upon being sitisfied that the charge is wen founded, may exercise the jurisdiction conferred upon them by section 34 of the prinicpal Act in the same manncr and to the same extent as if the charge had been made by the parent of the child: Provided that no order under this section shall be made without notice of the charge to the parent, unless the address of the parent be unknown to the officer.
Age and religion

indorsed on mandate. mandate of the correct age or religion of the child named in such	5. The indorsement under section 43 of the principal Act on the mandate may be made by the Secretary of the Council.
Warrant in first
inetance.	8. Upon a complaint to a Special Magistrate made under section 16 of this Act in respect of any alleged disobedience of or neglect to comply with any order under the said Act or any Act incorporated therewith, or this Act, such Special Magistrate may, instead of issuing a summons, issue a warrant under his hand for the apprehension of the person against whom the complaint is made, and for the detention

.	of such person until the hearing of the complaint, unless such person shall enter into a recognizance, with one or more sureties, in such sum as a Special Magistrate shall direct, conditioned for his appear-
ance a t the hearing of the complaint.

Varying maintenance

order. 7, Any Justice may, on the complaint of an officer of the Coun- cil, summon any person liable upon a maintenance order to appear before Justices at a time and place to be named in the summons, and at the time and place so appoi~lted the Justices may make further inquiry as to the means and ability of the person liable upon the maintenance order, and may make such order increasing, reducing, or varying the periodical sum to be thenceforth paid by such person liable upon such maintenance order, or may make such other order,

not inconsistent with the provisions of t h ~	principal Act, as may be
just.

Evidence of keeping

lying-in home. 8. Proof that any building or apartment was let, hired, or

engaged by any person for the accommodation of a female during her confinement or lying-in, shall be prim% facie evidence that such building or apartment is key t as a lying-in home within the meaning of section 104 of the principal Act; and i t shall not be necessary in any case to prove the letting, hiring, or engagement on more than one occasion of any such building or apartment for any such purpose as aforesaid.

Powers of Becretav 9. I n cases of emergency requiring imrncdiate action, and in all

in emergenciee. cases where it is impracticable, or would be likely to cause delay calculated to defeat the proper attainment of any object contem- plated by the Act, to obtain the authority of the Council before acting, the Secretary of the Council may, under the authority of the Chairman, or, in his absence, of a member of the Board, in the name

and

63' & 64' VICTORIK, No. 750.

The State Children Amendment Act.-1900.

and on behalf of the Council, do any act or exercise any power which the Council is authorised to do or exercise; but dl such acts, or the exercise of any such powers and authorities, shall be reported by the Secretary aforesaid to the Council at its next subsequent meeting, and shall be subject to the ratification of the Council, but until such meeting shall for all purposes be deemed to be valid and effectual.

10, NO order shall be made under " The Affiliation Law Amend- Proof in atltllistion

ment Act, 1898," before the birth of the child unless, in addition to cases-

the evidence necessary to establish paternity, it shall be proved by

the evidence of some duly qualified medical practitioner that the

alleged mother is pregnant.

of a child shall direct that all moneys ordered to be paid for con- expenses. 11. Every order for confinement expenses made before the birth confinement

finernent expenses shall be paid to the Council.

The Council shall retain such moneys until the birth of the child,

when it shall apply such moneys towards confinement expenses. Failing the birth of the child, the money to be returned to the alleged father.

12. Complaints for maintenance and confinement expenses made complaint

before the birth of an illegitimate child map be in the form in andode'*

Schedule B hereto, and any order for maintenance and confinement

expenses made upon any such complaint may be in the form in the

Schedule C hereto.

13, " The Affiliation Law Amendment Act, l89 8," is hereby in- Incorpomtion of

corporated with the principal Act.	A5liation
Amendment LW Act.

14, Any application for summary protection under section 2, Protection of married

sub-section (d), of The Married Women's Protection Act, 1896," womep.

may be made and conducted by an officer of the Council on behalf of any married woman desirous of applying for summary protection under that Act.

15. All cases under the principal Act, or any Act incorporated C m 8 m~ be

therewith, or this Act, heard upon information or complaint by or on oonduc	by oft2cer.
behalf of the Council, or by an officer of the Council, may be con- ducted by an officer of the Council, or by any person appointed by the Council in that behalf.

16. Justices may, at any time in a summary way, inquire into any Juatima enforce

wilful disobedience of, or neglect to comply with, any order made ordem b y 8 n e a i m - compliance with

under the provisions of the principal Act, or any Act incorporated prisonment-

therewith, or this Act, and for that purpose may summon and cr. tosof l l o p l,

examine all proper parties and witnesses; and, in order to enforce and 126 of	princripal Aot.
compliancc or punish the non-compliance with such order, may commit to gaol, with or without hard labor, for a period of not

exceeding

636 & 64' VICTORIW, No. 750.

Tlie 8tute Children Amendment Act.- 1900.

exceeding six months, unless the order shall be Booner complied with,

the person found guilty of such disobedience, neglect, or non- compliance, or may impose upon such person a fine of not exceeding Fifty Pounds.

Child may be sent	17.	In all cases where a child is liable to imprisonment by reason
to reformatory

instead of prison.

of the non-payment of a fine or penalty, or non-compliance with

any order for the payment of money, such child may be sent to a

reformatory school, there to undergo the imprisonment to which such

child is liable, instead of to a gaol or prison.

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

this Bill

TENNY SON, Governor.

SCHEDULES.

VICTORIA, No.

The State Children Amendmelat Act. -1 900.

SCHEDULES.

SCHEDULE A.

Enactment.

l Extent of Repeal.

Principal Act .. .. .. .. .. .. .. .. . The whole of sub-section m. of the definition

of neglected child " in section 4.

The word "putative " in the definition of

near relative in section 4.

Ditto ........,......... The words " or putative father" in sub-

section VIII. of the definition of	" neglected
child " in section 4.

Ditto ................ The whole of the definition of putative

father" in section 4.

The word " putative " in sub-section ( h ) of

section 80.

Ditto .................. The word " putative " in the fourth line of

section 86.

Ditto ..................	The whole of uection 125.
Ditto ..................	The whole of section 145.

" The Affiliation Law Amendment The whole of sections 6, 7, and 9.

Act," 1898.

SCHEDULE B.

Complaird against the Father of an Unborn Illegitimate Child.

Be it remembered that on this day of 19 , a t 9

in the Province of Sonth Australia, of , in the said

province, , came before me, the undersigned, a Justice of the Peace in and

for the said province, and alleged as follows, namely :--That 3 of 9

is the father of	a certain unborn illegitimate	child, of which	is
pregnant.

That the said is able to contribute towards for pay for)

the maintenance of the ssid child, should it be born, and the confinement expenaes

of the mother.

[Signature o j Complainant. J

Taken before me, at , the day and year first above written.

, J.P

SCHEDULE C.

Orderfor Maintenance and Con$nement Expenses in case of an Unborn Child.

Upon complaint made by against , wherein it is alleged

the said is the father of a certain unborn illegitimate child, of

which is pregnant, and the said complaint coming on for hearing this day before me for us), the undersigned, a Special Magistrate for two of Her Majesty's Justices of the Peace) in and for the Province of South Australia, and

having

The &ate ChiWren Amendmeni A c t. 1 9 0 0.

havin heard the evidence of , a duly qualified medical practitioner,

that t e said f is pregnant, and the evidence of , t.he

mother of the aaid child, and her evidence having been corroborated

in a material particular, and being satisfied that the allegations in the said complaint

have been proved, I for we) do adjudge the said to be the father of the

said child: And I for we) do order as follows, that is to say-That the said

do pay to the secretary of the State Children's Council the sum of

for the confinement expenses of the said ; that the

aaid do pay to on the day of the birth of the said child,

and on the same day in each week thereafter, the sum of, until the said child attains the age of eighteen years, or until further order; that the said

do pay to the sum of for costs i n this behalf.

Dated at this day of , 19 .

[Signature of S. M. or Justices. J

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Adelaide : By authority, C. E. Bars~ow, Uovernment Printer, North Terrace.