Youth Welfare Act 1940 (NSW)

YOUTH WELFARE ACT.

Act No. 48, 1940.

An Act to provide for the constitution of an Advisory Committee on Youth Welfare and to define the duties and functions of that Committee; to make provision for the extension of the school leaving age and of certain payments and allowances in respect of children; for these and other purposes to amend the Public Instruction (Amendment) Act, 1916, the Family Endowment Act,

1927, the Widows' Pensions Act, 1925, the

Child Welfare Act, 1939, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 9th December, 1940.]

BE it enacted by the King's Most Excellent Majesty,-lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis­	Wales in Parliament assembled, and by the authority of
the same, as follows :—
1 . (1) This Act may be cited as the "Youth Welfare Act, 1940."
(2) This Act shall commence upon the first day of January one thousand nine hundred and forty-one.

(b)

2 . (1) The Public Instruction (Amendment) Act,

1916, as amended by subsequent Acts, is amended—

(a) by inserting after section two the following new section—

2A. (1) Subject to this section the school leav­

ing age of a child shall be—

(a) for the year commencing on the first day of January one thousand nine hun­ dred and forty-one—the age of four­ teen years and four months;

(b)	for the next following year—the age of fourteen years and eight months;
(c)	for the year next following the year referred to in paragraph (b) of this subsection, and for all subsequent years—the age of fifteen years :

Provided that the school leaving age of a child who has attained the age of fourteen years before the said first day of January shall be the age of fourteen years.

(2) (a) The Minister may by notification published in the Gazette declare that the pro­ visions of subsection one of this section shall not apply to or in respect of any child who resides for the time being in such part or parts of the State as may be specified in the notification.
(b) Where a child resides for the time being in a part of the State so specified in any such notification, the school leaving age of such child shall, subject to subsection three of this section, be fourteen years.

(3) (a) The Minister may from time to time by notice of revocation published in the Gazette revoke any notification published under subsection two of this section either wholly or to the extent to which it applies in respect of any particular part of the State.
(b) Where by a notice of revocation the application of a notification in respect of any part of the State is so revoked the school leaving age of every child who resides in that

part of the State shall on and from the first day	of January next following the date of the publi­
cation in the Gazette of the notice of revocation be the school leaving age which would have been applicable to such child under subsection one of this section if the notification so revoked had not been made:
Provided that the school leaving age of any such child who has attained the age of fourteen years before the first day of January referred to in this paragraph shall be the age of fourteen years.

( 4 )

(4) Where in any provision of this or any other Act a reference is made to the school leaving age, such reference shall in the appli­ cation of such provision to any particular child be construed as a reference to the school leaving age fixed by this section and applicable to that child.

(b)	by omitting from sections four, fourteen and fifteen and from Schedule Three the words "ages of six and fourteen y e a r s " wherever occurring and by inserting in lieu thereof the words "age of six years and the school leaving a g e " ;
(c)	by omitting from subsection two of section eight the words "age of fourteen yea r s " and by inserting in lieu thereof the words "school
leaving a g e " ;
(d)	by omitting from section ten and from Schedule Two the words "ages of six and fourteen" wherever occurring and by inserting in lieu thereof the words "age of six years and the
school leaving a g e " ;

(e) by omitting section seven;

(2) The Family Endowment Act, 1927-1938, is

amended—

(a)	by inserting at the end of section three the following new subsection:—
(2) A reference in this Act to the "school leaving a g e " shall be construed in accordance
by subsequent Acts. with subsection four of section 2A of the Public Instruction (Amendment) Act, 1916, as amended
(b)	by omitting from subsection five of section twenty-one the words "fourteen years of age" and by inserting in lieu thereof the words " the
school leaving a g e " ;
(c)	by omitting from sections three, twelve, thirteen, fourteen, thirty-six and thirty-seven the words "age of fourteen y e a r s " wherever occurring, and by inserting in lieu thereof the words "school leaving age."

(3)

(3) The Widows' Pensions Act, 1925-1937, is

amended—

(a) by inserting at the end of section three the following new subsection—

(2) A reference in this Act to the "school leaving a g e " shall be construed in accordance with subsection four of section 2A of the Public Instruction (Amendment) Act, 1916, as amended by subsequent Acts.

(b)	by omitting from sections three, thirteen, 13A, fourteen, thirty-seven and thirty-eight the words "age of fourteen y e a r s " wherever occur­ ring and by inserting in lieu thereof the words
"school leaving a g e " ;
(c)	by omitting from section fifteen the words "fourteen years of a g e " wherever occurring and by inserting in lieu thereof the words " the school leaving age."

(4) The Child Welfare Act, 1939, is amended—

(a) by inserting at the end of section four the fol­ lowing new subsection:—

(2) A reference in this Act to the "school leaving a g e " shall be construed in accordance with subsection four of section 2A of the Public Instruction (Amendment) Act, 1916, as amended by subsequent Acts.

(b)	by omitting from sections four, twenty-three and twenty-seven the words "maximum age up
wherever occurring, and by inserting in lieu to which he is compelled by law to attend school" thereof the words "school leaving age ."

3 . (1) The Minister may constitute an Advisory Com­ mittee on Youth Welfare, which shall consist of persons appointed by the Minister to be members of that com­ mittee.

(2) Such Advisory Committee may, and at the request of the Minister shall, give consideration to matters connected with or concerning the school leaving age, the education and employment of children and young

persons,

persons, and youth welfare generally, and shall, from time to time, submit to the Minister a report setting out the results of their consideration of any such matter, together with such recommendations in relation thereto as the Advisory Committee may think proper.