The State Children Amendment Act 1909 (SA)

EDWARDI V11 REGIS.

A. D. 1909.

No. 996.

An Act to amend the Law relating to State Children,

and for other purposes.

[Assented to, December rr th, 1909.1

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

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

1. (1) This Act maybe cited alone as "The State Children Amend- short title and

ment Act, 1909," and, together with the Acts mentioned in sub- ~	~	~	~	~	.	O	n	~	t	h
section (2), as '' The State Children Acts, 1895 to 1909."
(2) This Act is incorporated with and shall be read and construed as one Act with " The State Children Act, 1895 " (hereinafter called
" the principal Act " ), " The Affiliation Law Amendment Act, 1898,"
" The State Children Amendment Act, 1900," and " The State Children Further Amendment Act, 1903."

Informant " includes complainant: Information "

2. In this Act, unless repugnant to the context or subject Definitions.

matter-

" Secretary " means 'the Secretary of the State Children's Council

for the time being:

Court" means a Special Magistrate or two or more Justices

of the Peace sitting as a Court of Summary Jurisdiction:

"Guardian " means either the mother or father of a child, or any person having the immediate custody and control of a child:

go EDWARDI VII, No. 996.

The State ChiIdren AmmtdmeM Act.1909.

'b Information " includes complaint:

66 Neglected child," in addition to the meanings thereto assigned in

aection 4 of the principal Act, means and includes-

(a) Any child who is found in any brothel or house of

ill fame:

( b ) Any child under the age of fourteen years who, not being on any lawful business or errand, habitually frequents public streets or places between the hours of eight o'clock in the evening and five o'clock in the morning:

(c) Any child under the age of sixteen years, who, not being the child or ward of the licensee, is, on more than one occasion and without lawful excuse, found in the bar, barroom, or taproom of any publichouse or wine saloon, or who is on more than one occasion served with intoxicating liquor in or upon the premises of such publichouse or wine saloon.

Place for hearing of 3, Section 31 of the principal Act and section 3 of " The State

information sgainet

children.

Children Amendment Act, 1900," are hereby repealed, and the

following provisions are substituted in lieu thereof: -

No information laid against any child in respect of any alleged offence, whether such offence is indictable or is punish- able on summary conviction or otherwise, and no information alleging that any child is a destitute, neglected, or uncontrol- lable or incorrigible child, shall be heard in any Court, room, or place within the city of Adelaide or the city of Port Adelaide, except in such room, or place, or rooms, or places as are from time to time appointed or approved of by the Chief Secretary for the purpose of hearing such informa- tions.

A mendmenta of

principal Act to pre- 4, (1) The Principal Act is hereby amended by the omission of

vent apprenticing and	the following expressions :-	-
placiogiut by -

inet itutionw I. I n section 52, or the governing authority of the institution,

as the case may be," and " or such governing authority ":

11. In section 63,	as the case may be," and "or governing authority, > 7 or the governing authority of the institution,
wherever the latter expression occurs:

I i I. In section 60, or governing authority ":

IV. I n section 62, "or of the governing authority, as the case

case may be ":

v. Tn section 63, " or the governing authority, as the case may

be," and or governing authority ":

VI. I n section 66, or governing authority, as the case may be ":

vrr. In

go EDWARDI VII, No. 996.

The Xtate Childrm Amend& Ad.1909.

V I I. In section a, or the governing authority ":

v I 1 1. In section 68, " or of the governing authority, as the case

may be ":

i s. In section 72, '' whether by the Council or by any governing

authority," and whether apprenticed or placed out by

the Council, or by any governing authority ":

X. In section 77, by the governing authority of any private

institution ":

XI. In section 121, " other than the governing authority of the

institution to which the child was committed "; and

XI !. In section 143 " by the Council or the governing body of

any institution."

(2) Sections 57 and 69 of the principal Act are hereby repealed.

5, Section 36 of the principa,l Act is hereby amended by leaving Amendmentof sec. 36

out i n lines three and four the words in lieu of sentencing such	Of 1896.
child to imprisonment" and inserting in lieu thereof the words

"	shall not sentence such child to imprisonment, but."
6, Section 54 of the principal Act is hereby amended by inserting Amendment B L

between G until " and he " at the end of the second line the words Of Act 641 Of 1896.

" such time thereafter as."

7. Section 56 of the principal Act is hereby amended by leaving Amendment of WC. 66

of A C ~ 641 of 1896.

out all the words after years " in the second line.

8. The principal Act is hereby amended by the omission of Amendment or prinoipal A C ~ M, that

the following expressions :-	all future main-
tenance ordera rhall

I. Tn section 83, " or to the governing 'authority, - or other be in favor of the Council.

person, as the case may be ":

11, In section 93, or to any governing body ":

I L I. In section 95, " the governing body ":

IV. I n section 98, " governing body ":

F. In section 99, authority ":

vr. In section 100, authority ": I

Provided that nothing in this section shall prevent the enforcing of any maintenance order made before the passing of thb Act, or the demanding, collection, or receiving of any sums of money due under any such order, and that all such orders may be enforced, and all such sums of money may be demanded, collected, and received as if this Act had not been passed.

9. The definition of foster-mother in section 4, subdivision (3) Amendment

of section 16, and sections 106, 106, and 107 of the principal Ac: ?$P'&E;

are hereby amended by the substitution of the words " seven, yeam

107

for the words cc two years " wherever occurring. 10. Section

9" 'EDWARDI 1 1 No. 996.

..

-

Amendment of m- 16

of Act 760 of 1900. 10. Section 16 of The State Children Amendment Act, 1900,"

is hereby amended by the addition at the end thereof of the following

provision :-

The production of a document purporting to be under the seal of the Council, appointing a person therein named to lay such information or complaint and to conduct the case, shall be sufficient evidence in all Courts and before all tribunals that such person has been duly appointed by the Council for those purposes, and shall be primci facie evidence that the person producing such document is the person thereby appointed.

Child not to be im-

rieoned, but become 11. (1) Section 17 of "The State Children Amendment Act, In any case where a child is liable to imprisonment by reason of the non-payment of a fine or penalty, or non-com- pliance with an order for the payment of money, such child shall not be sent to a gaol or prison, but may be sent to an institution or be placed in the custody and under the control of the Council for such period as the Justices in their discre- tion deem proper.

ibh for non- 1900," is hereby repealed, and in lieu thereof i t is enacted as

paymentoffine.

follows;-

(2) When any child is so placed in the custody and under the

control of the Council, the provisions of sections 22 and 23 of this

Act shall apply in all respects.

Per~om allow* to be

preeent during afblia- 12. NO person shall be allowed to be present before a Court or in

tion eases. the Court-room during the hearing of any affiliation case except-

(a) The informant and the defendant, and their witneases:

(6) Counsel or other persons representing the respective parties,

and practitioners of the Supreme Court:

(c) The officers of the Court and members of the Police Force:

(d) Any person who has the express permission of the Court

to be present.

Defendant to be a

campellable witnees 13. On the hearing of any information in which the defendant is

in C+ cam. alleged to be the father, or putative father, of an illegitimate child, and in any case where a defendant is charged with non-compliance with any order made by a Court or other tribunal, the defendant shall be compellable to give evidence, and may be summoned as a witness for that purpose; and such defendant shall not be excused from giving evidence on the ground that the answer to any question or such evidence might prove or tend to prove him guiltyof the matter alleged or charged against him: Provided that such question or evidence is, in the opinion of the Court or other tribunal hearing the in-

p formation or charge, relevant to the matter of such information or

,

charge.

go EDWARDI VII, No. 996.

14, In all proceedings relating to destitute, neglected, or un- e*e~.oe

recei+&ble iq certain

,,,. report from any member of the Police Force or officer of the Council then present: Provided that the contents of such report shall be made known to the person charged, who shall be permitted to cross-examine such member of the Police Force or officer of the Council thereon.

controllable or incorrigible children, or to unfit guardianship, the

15, Any child may be committed to an institution during the Committal of aohild

period for which he has been remanded by a Court or any Justice or E:inZz	Justices, or during the period of	his detention on committal for trial
in the Supreme Court.

16, Whenever any information is laid alleging that a child is under Notice to guardian of

unfit guardianship, or charging a child with being a neglected child c e ~ n

pmc&g8.

on the ground that he is under unfit guardianship, the guardian of such child shall be notified in writing by the informant of the time and place where such information is to be heard. Such notice shall be deemed sufficiently given if served personally on such guardian, or posted addressed to him at his last known place of abode or business, a reasonable time prior to the date of the hearing of such information; and the guardian, if present, shall, if he so desires, be heard in the matter.

17, In any information laid in respect of any alleged offence against Alle@ion that child "

the provisions of section 107 of the principal Act the allegation that

any child has been received to be adopted, reared, nursed, or other. endenoe. wise maintained for gain or reward, or that any child has been procured to be placed under care, charge, or custody as in the said section mentioned, or that any person has been permitted to have the care, charge. or custody of any child as in the said section mentioned, shall be sufficient evidence of such child having been so received or procured, or that such person has been so permitted, as the case may be, unless the contrary is proved.

18. The home or place of residence, and every part thereof, of Horn- of illet6rirmts children under wven

any illegitimate child under the age of seven years, shall at all times ram Liable to

be open to entry and inspection by any member or officer of m~eotion.

the Council; and any person who refuses to allow such entry I

or inspection to be made, or hinders or resists any such member or officer in the making of, or attempting to make, such entry or inspection, or who kefuses or neglects to produce such child to any such member or officer for inspection by him, upon such production being demanded by such member or ofEcer, shall be liable to a penalty not exceeding Twenty Pounds: Provided that this section Benevolent inrtitu-

shall not apply to any benevolent institution. tions exempted.

19, The State Children's Council, on the application of any ~ o s t e r p ~ n t with ooneent of may,

foster parent, having the custody of a foundling child, may permit comd, dopt

such foster parent to adopt and have the custody of such child, sub- I 1. .

ject to such conditions as the Council may think proper. 20. If,

go EDWARDI VII, No. 996.

Guardian of child to

be liable in certain 20. If, on the hearing of any information, any child is convicted

cases for its offenoe.

of any offence, or is found to be a destitute, neglected, uncontrollable, or incorrigible child, and the Court or other tribunal hearing the information is of opinion that such child is guilty of such offence, or is destitute, neglected, uncontrollable, or incorrigible wholly or partly in consequence of some fault of or lack of proper care or control on the part of the guardian of such child, such Court or tribunal may, on such hearing or any adjournment thereof, and without information laid for that purpose, in its discretion punish such guardian by a fine not exceeding Twenty Pounds, or by imprisonment for any term not exceeding three months: Pro- vided that no guardian shall be punished under this section unless notice of the hearing or adjournment has been given to him in manner provided by section 16, and, if present, he has had an opportunity of showing cause why he should not be punished.

under control of

Child may be placed 21. The Court or other tribunal, instead of committing any con-

Council without

victed, destitute, neglected, or uncontrollable or incorrigible child to

committal to

an institution, may, by an order in writing, place such child in the

institution.

custody and under the control of the Council until such child has

attained the age of eighteen years.

Child under control

of Council deemed a

32. During the period of custody and control provicled for by the next preceding section such child shall in all respects and for all purposes (except its detention in an institution) be deemed to be a State child, and shall be subject to the provisions of every Act relating to State children. And the near relatives of such child shall be liable to contribute t o w d s its maintenance in the same manner as if such child had been committed to an institution by the Court or other tribunal.

state child.

Child under control

may be placed in an 23. The council may, with the approval of the Chief Secretary,

imtitution.	order, in writing, that any child committed to the custody and control
being made such child shall, immediately and for the unexpired term of the Council shall be placed in an institution, and upon such order
of such custody and control, be deemed to be a State child in the same manner and to the same extent as if such child had been originally committed to an institution by the Court or other tribunal.
E n q into house or	24. Any member of the police force, any officer of the Council the Council, may enter into or upon any house, building, or other premises for the purpose of arresting, and may, there or elsewhere, arrest any child who is reasonably supposed to be guilty of any offence, or who is destitute, neglected, or uncontrollable or incorrigible; and any such child so arrested shall, as soon as conveniently may be,
premises for the	specially authorised in writing by the Secretary, or any member of

pu-	of a m t of
children.

be brought before a competent Court, so that the matter alleged

ag&n6t him may be heard and determined.

25. Section 5 of The Criminal Law Consolidation Amendment

Act, 1885 " (which limits the time within which certain pmsecutions - --

go EDWARDI VII, No. 996.

The State Chi?dren A d W Act.-1909.

shall be commenced), is hereby amended by the substitution of the

words six months " for the words two months " therein.

The home or place of residence, and every part thereof, of any person having the charge, care, or custody, whether for gain or reward

Homea of peraons

(other than near rela-

tives) havin care of children un er seven f

or not, of any child under the age of seven years, shall be open to entry

ream to be liable to

26.

and inspection, at all times between the hours of six o'clock in the ~nspection.

plorning and nine o'clock at night, by any officer of the Council appointed in writing by the Council to inspect the same; and any person refusing to allow such entry or inspection, or hindering or resisting any such officer in his making or attempting to make such entry or inspection, shall be guilty of an offence, and be liable to a

penalty not exceeding Twenty Pounds: Provided that the provisions Exception.

of this section shall not apply to the home or place of residence of any near relative of such child, nor shall the same apply to any benevolent institution.

27. If the father or mother of any child, whether legitimate Punishment of

or illegitimate, or any person who has been adjudged to be the father or mother failing to provide for

child.

father of an illegitimate child, fails or neglects to provide reason- months.

able and proper maintenance for such child, he or she shall be

guilty of an offence, notwithstanding that at the time of such

failure or neglect such father, mother, or person was out of

the said State, and shall be liable to Q penalty not exceeding

28. (l) If, on the hearing of any information laid against any PWSO~S intercourse with

admitting

person alleged to be the father of an illegitimate child, any other male iuesitimate

person	of over	the age, or apparent age, of eighteen years, upon oath, cldd liable to eontri-
admits	or says	that he had sexual intercourse with the mother of such bute maintenance.

child on any date, being not more than two hundred and ninety-four days nor leas t h k one hundred and ninety days prior to the date of the birth of such child, the Court may, upon such hearing, and

without information for the purpose, make an order against such	other male person for contribution towards the maintenance of such
child, and also, if the Court deems fit, towards the confinement expenses of the mother of such child. ,4nd every person so ordered to contribute shall, for non-compliance with such order, be subject to the same provisions and penalties as in the case of a near relative ordered to make payment under section 83 of the principal Act.
(2) An order mrty be made under this section whether any order is or is not made against the defendant, and the making of an order under this section shall not in any way prejudice any power to make an order against the defendant.

29. Subsection (a) of section 86 of the principal Act is hereby RBWI of part of

repealed, and i t shall not be necessary hereafter to require any corroboration of the evidence of the mother unless and until the defendant haa on his oath denied the allegations in the complaint:

-. Provided

go EDWARDI VII, No. 996.

The State ChiUrm A d & Act.-1909.

Provided that if the defendant has on his oath denied the allegations in the complaint, he shall not be adjudged the father unless and until the evidence of the mother be corroborated in some material par- ticular: Provided also that the cross-examination of such defendant shall be confined to the facts, or alleged facts, of the case then before the Court.

Corporal puniehment

of apprentice4 and 30. (1) If any male State child who has been apprenticed or

cbildren plaoed out.

placed out with a foster parent is guilty of any fault or misconduct, the master or foster parent of such child may, in the presence of a witness not under the age of twenty-one years, inflict such corporal punishment upon such child, and in such manner, as are prescribed by regulations made under the principal Act; but such punishment shall not exceed in severity the punishment so prescribed, nor be of any nature, or be inflicted in any manner, other than so prescribed.

(2) Such master or foster parent shall forthwith after inflicting such punishment send to the Council a full and accurate report, signed by himself and the witness, of such fault or misconduct and of the punishment inflicted and the manner of its infliction.

(3) Any master or foster parent who does any act which is con-

trary to the provisions of this section or omits to do any thing

required by this section, or sends to the Council a report under this section which is incomplete or inaccurate as to any material par- ticular, shall, in addition to any other punishment or liability, civil or criminal, be liable to a penalty for a first offence of not more than Five Pounds and for any subsequent offence of not more than Twenty Pounds.

Council may accept 31. In all proceedings under this Act against any person liable

settlement in full.	to contribute towards the expenses of the confinement of the mother or the maintenance of her illegitimate child the Council may accept from such person a sum of money in settlement of all such
liability: ever shall be taken by the Council or the said mother or any And on payment of such money no proceedings whatso- person whomsoever in respect of such expenses or liability.

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

this B i b

DAY H. BOSANQUET, Governor.

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Adelaide : By authority, B. E, E. Booms, Aoting Government Printer, North Terrace.