1515

TASMANIA.

THE INFANTS’ WELFARE ACT 1935.

AN A LY SIS.
1. Short title. 20. Liabilities of managers.
2. Repeal. 21. State aid to certified institutions.

.-
P A R T I P R E L I M INA RY. P A R T V.-CHILDREN’S
AND C H I L D R E N
COURTS
OF THE
3. Interpretation.
STATE.
P A R T I I . -THE INFANTS’ Division I.-Children’s Courts.
WELFARE DEPARTMENT. 22. Children’s courts.
4. The Department. 23. Special magistrates.
5. Administration. 24. Constitution of children’s courts.
6. Inspectors and other officers. Proviso.
7. Visitors. 25. Powers of court.
8. Director to he guardian of children 26. Jurisdiction of other courts excluded.
of the State. Proviso.
Guardianship of inmates of State 27. Children’s courts to have powers of
institution. courts of petty sessions.
Guardianship of inmates of certified 28. Place of sitting.
institutions. 29. Appointment of probation officers.
Governor may transfer guardianship. 30. Probation officer subject to directions
9. Minister may prolong guardianship and orders of children’s court.
beyond discharge. 31. Duties of probation officers.
10. General powers of Director. Powers of probation officers.
11. Record of children of the State to be 32. Child released conditionally to be
kept. under supervision of probation
12. Annual report. officer.
When probation officer to hare
P A R T 1 1 1 . - M A N A G E M E N T OF powers of police officer.
P R O P E R T Y OF C H I L D R E N Probation officer may bring child
OF THE STATE. before court for further action.
13. Provisions where child of the State 33. Powers of court with respect to
entitled to property. children released on probation, &c.
Public Trustee to take possession 34. Powers of court in cases of children
and convert into money. placed under supervision of pro-
Payments out of roceeds. bation officer.
P
Ap lication of ba ance of moneys.
ApplicOrder for maintenance not barred
35. Exclusion of public from court.
Penalty for disobeying order for
by subsection (1). erclusinn.
Application of moneys paid under Reporting proceedings.
order. 36. Register of children’s court.
Certified extracts to be evidence.
P A R T IV. Justices to sign register.
Register open for inspection.
Division I.-State Institutions.
14. Governor may establish institutions.
Division II-Admission or Committal
Division II.-Private Institutions. of Children of the State.
15. Mode of certifying private institu- 37. Children admitted on application.
tions. 38. Warrant for apprehension.
16. Withdrawal of certificate. 39. A prehension of child.
17. Certificate may be resigned. 40. ApprehenWarant to search for child suspected
18. Effect of withdrawal of certificate. to be in brothel or place where
19. Disposal of inmates on withdrawal opium is smoked, &c.
of certificate. 41, Apprehension of child in brothel,

3s. 6d.]

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42. Procedure when child apprehended. 61. Child placed in institution.
Disposal of child pending hearing. 62. Child may be removed from one
Absconders may be placed in gaol institution to another.
Warrant not necessary to detain 63. No detention after age of‘ eighteen.
child. Child over sixteen may be detained
43. Application to commit uncontroll- for three years.
able child. 64. Mode of imprisonment.
44. Parent’s attendance in court. 65. Provisions as to release of child
Parent may appear on behalf of detained according to directions of
child. Governor.
Enforcement of parent’s attendance 66. Discharge of convicted child.
in court by summons. 67. Inspection of premises by probation
By warrant. officers.
Child to be present when charge 68. State children absconding, &c., may
heard. be apprehended without warrant.
45. Power of court with respect to 69. The Department or managers may
neglected or uncontrollable child. apprentice children.
46. Powers with respect to child liable 70. Director or governing authority
to be summarily convicted. may place out children.
47. Procedure where parent deemed to 71. State children to attend school
have contributed to commission of regularly.
child’s offence. 72. Certain children not to he placed
Court may direct institution of pro- out.
ceedings against parent. 73. Theapprenticing or placing out of
When parent present. children to he subject to regula-
When parent not present. tions.
48. May adjudge parent to pap penalty, 74. Provisions in indentures.
damages, or costs instead of child. 75. Wages may be paid into savings
Child excused from payment. bank.
49 Term of imprisonment correspond- 76. Moneys banked may be expended
ing to penalty. for the child’s benefit.
50. Order for detention. 47. Guardian may recover wages.
51. Summary trial of children not over 78. Disposal at death.
the age of fourteen years for cer- 79. Indentures of apprenticeship, agree-
tain indictable offences. ment, or placing-out may be
62. Powers of children’s court to deal assigned with consent of Director.
with children over the age of 80. Minister may order return of child
fourteen years charged with cer- apprenticed or placed out.
tain indictable offences. 81. Change of’ residence to be notified
Child may elect to be tried by a jury. by foster-parent.
53. Child may be detained in an institu- 82. Notice to be given if child absconds.
tion pending trial. becomes ill, or dies.
54. Form of order. 83. Department to have general super-
Statement of age and religion to be vision of State children.
prima facie evidence. 84. Children of the State to be visited.
55. Procedure on requiring appearance 85. Payments for maintenance of State
before the court for punishment children to foster-mother.
of a child who has been released
on a surety so to appear. PART VI.-MAINTENANCE OF
Notice in writing. CHILDREN BY THEIR RELA-
Service of notice. TIVES,
On child’s failure to appear recog-
nisance to be forfeited and 86. Order of liability of near relatives
warrant of apprehension issued. for maintenance of any child.
56. Power of children’s court to deal 87. O n complaint court to issue sum-
with children charged with mur- mons.
der, &c. Court may order payment of main-
57. How child convicted of indictable tenance.
offence may be dealt with. 88. Order to take effect from pronounce-
58. Form of committal. ment.
59. Children to be placed in receiving 89. Allegations in complaint prima
home. facie evidence.
60. Minister to determine particular 90. Application of certain sections of
i Instituton. 12 Geo. V. No. 40.

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91. Court may require security for P A R T VI 1 1 . - O F F E N C E S .
compliance with order. 107 Ill-treating children.
92. Power to increase amount. 108. Ill-treatment of children placed out
93. Orders may be varied, &c., on or apprenticed.
further inquiry. 109. Restrictions on employment of chil-
94. Collection by the police of moneys dren.
due to the Director. 110. Forgery of licences, &c.
95. Who may complain. 111. Removing, harbouring, &c., State
children.
Communicating with children in
PART VII.-FOSTER-MOTHERS institutions.
AND N U R S I N G HOMES. 112. Dieobeying maintenance order.
96. All orders, Le., in force under 9 Geo. Desertion of child.
V. No. 15 to remain in force. Court may determine matter in
97. Application of this Part. summary way.
98. Interpretation. Court may issue warrant for arrest
99. Foster-mothers to he licensed and of deserter upon complaint on
nursing homes registered. oath.
Payments by Director for keep of 113. General penalty.
child.
100. Method of licensing and registration. P A R T IX.-M I SC ELLANEOUS.
Register to be kept. 114. Children maintained in certified
Duration of licence. institution for two years without
Renewals. objection by father not removable
Issue of licence. without consent or order.
101. Director may refuse to license any 115. Officer of Department may take
foster-mother. part in all trials against children.
102. Roll of nursing home. 116. Order may be set aside.
Receipt of infant to be notified to 117. Order to be forwarded to institution.
Director. Certain orders and copies to be
Production of roll to police officer. evidence.
103. Duty and responsibility of foster- 118. Search warrant.
mother. 119. Persons in charge of State children
104. Licences and registrations may be to have privilege of constables.
cancelled. 120. Proof of age.
Removal of children of the State. 121. Limit of costs to be paid by child.
Order for removal of other children. 122. costs.
Director may remove infants not 123. Expenses of administration.
being children of the State. 124. Act to be construed liberally.
105. Notice to be given of death of infant ;
inquest to be held and report
made to Minister. PART X.-REGULATIONS AND
FORMS.
106. Inspection.
Penalty for refusing to permit 125. Regulations.
inspection. 126. Forms.

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 1519
T A S M A N I A.

1935.

ANN0 VICESIMO SEXTO

GEORGII V. REGIS.
No. 96.

A.D.
AN ACT to consolidate and amend the Law 1935.
relating t o Welfare of Children and the -
Protection of Infant Life.
[31 January, 1936.1
BE
with
it enacted by His Excellency the Governor of Tasmania, by and
the advice and consent of the Legislative Council and House of
Assembly, in Parliament assembled, as follows :-

1 This Act may be cited as the Infants’ Welfare Act 1935. Short title.

2 The Acts enumerated in the first schedule are hereby repealed. Repeal.

3 In this Act, unless the contrary intention appears- Interpreta tion.

’‘ Age” means, in the absence of positive evidence as to age, the
apparent age :

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1520 26° GEORGII v. No. 96.
Infants’ Welfare.

A.D. 1935. “ Authorised officer ” means an officer of the Department

- authorised either generally under this Act or for any par-
ticular purpose by the Director or the Minister :
‘‘ Certified institution ” means a private institution certified or
deemed to be certified for the purposes of this Act :
“Child ” means any boy or girl under the age of seventeen years :

“Child of’ the State ” means a convicted child or neglected

child or any other child received into or committed to an
institution, or to the care of’ the Department, or appren-
ticed or placed out under the authority of this Act, or any
Act hereby repealed :
“ Children’s court ” means a children’s court established, or
deemed to have been established, for the purposes of this
Act, and includes a police magistrate or justices exercising
t he jurisdiction of a children’s court :
.‘ Clerk ’ or “ clerk of petty sessions ’ means the person
officiating as clerk of petty sessions a t the place of holding
petty sessions at or nearest to the place at which the
children’s court is held :
“ Court” means a children’s court, or the Supreme Court, or a

judge thereof, as the case may be :

“ Convicted ” means found guilty or convicted of any crime or

offence punishable by imprisonment :

‘‘ Department ” means the Social Services Department :
“ Director ” means the Director of Social Services :

“ Foster-mother ’’ means any person licensed as a foster-mother

under and for the purpose of Part VII. :

“ Foster-parent ” means any person to or with whom a child of

the State is apprenticed or placed out under this Act, or

under any enactment hereby repealed, and includes the
assignee of such person :
” lnmate” means a child of the State maintained in an institution:

“ Institution ” means any institution established, or deemed to

have been established, by the Governor under section four-
teen, and a certified institution :
“ Maintenance ” includes food, clothing, lodging, nursing,
medical treatment, necessaries, training, and education :
“ Maintenance order” means a n order made by a children’s

court for payment of money by any near relative in respect

of the maintenance of a child :
“ Managers ” means the persons for the time being having the
management or control of any private institution :
“ Near relative,” as regards a legitimate child, means father,

mother, stepfather, stepmother, brother, sister, or any

grandparent of the child ; and, as regards an illegitimate
child, the mother and the person admitting himself to
be, or adjudged by a competent court to be, the father of
such child :

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 26° GEORGII V. No. 96. 1521
Infants' Welfare.

'' Neglected child " means a child- A.D. 1936.

I. Who is found in a brothel or reputed brothel, or a
-
place where opium or any preparation thereof is
smoked. or who is known to associate with or be
in the company of a person known to the police
to be, or reputed to be, a prostitute, whether such
person is the mother of the child or not:
II. Who associates or dwells with any person known
to the police to be, or reputed to be, a thief or
drunkard, or with any person who has no appar-
ent lawful means of support :
III. Who begs in any public place, or habitually
wanders about public places, being in n o osten-
sible occupation, or sleeps at night in the open
air in any public place :
IV. Who is not provided with necessary food, nursing,
clothing, medical aid, and lodging, or who is
neglected, ill-treated, or exposed by his parents
or either of them :
v. Who, being of the compulsory school age, is an
habitual truant from day school, or whose parent
has been convicted at least twice of neglecting to
cause such child to attend school :
VI. Who is illegitimate, and whose mother is dead, or is
unable to maintain or take charge of such child :
VII. Who takes part in any public exhibition or per-
formance whereby the life or limb of such child
is endangered :
VIII Who, being a female, solicits men, or otherwise
behaves in an indecent, improper, or disorderly
manner, or habitually wanders at night without
sufficient cause in a public place :
IX. Under the age of fifteen years found doing any of
the things referred to in division (a) of para-
graph I. of section one hundred and nine, or a
child under the age of fourteen years found doing
any of the things referred to in division ( b ) of
the same paragraph :
x. Who is found by a children's court. to be an uncon-
trollable child :
xi. Whose home, by reason of the neglect, cruelty, or
depravity of his parents, or either o f them, is an
unfit place for such child : or
XII. Who dwells with, or i n the same house as, any
person known to the Director to be suffering
from a venereal enthetic disease or from pul-

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1522 26° GEORGII V. No. 96.
Infants' Welfare.

A.D 1935. monary consumption, in conditions which a

-- medical officer of health has certified to be
dangerous to the health of such child :
" Nursing home" means any home registered as a nursing
home under Part VII :
" Parent " includes a guardian and every person who is by law

liable to maintain a child, or with whom the childlives

and upon whom he is dependent:
" Place-out" means to entrust a child of the State to the care

and charge of some person approved of by the Director

or the managers, as the case may be, for the purpose of his
being maintained by such person, or in such person's
house, or for the purpose of training or hire :
" Private institution " means a children's home, orphanage,
reformatory school, and any other establishment or institu-
tion for the detention, maintenance, employment, and
benefit of neglected or convicted children, established, or
wholly or in part maintained, by private benevolence or
contributions :
" Public place " means a public place as defined by section three
26 Geo. V. No. of the Police Offences Act 1935 :
44.
" Receiving home " means a receiving depot or shelter for the

temporary detention of children in accordance with the

provisions of this Act :
" Roll " means a roll required to be kept by a foster-mother

under Part VII. :

'' Special magistrate " means a justice of the peace appointed or
deemed to be have been appointed as a special magistrate
by the Governor for the purposes of this Act, or any police
magistrate:
"State institution " means any institution established, or deemed
to have been established, by the Governor under section
fourteen.

PART II.
T H E INFANTS' WELFARE DEPARTMENT.
The Department. 4 T h e duties under this Act which formerly devolved on the
Department known as the Children of the State Department shall
hereafter devolve on and be committed to the Social Services Depart-
ment.

Adminis t ration. 5 It shall be the duty of the Director, under the direction of the
Minister, to carry this Act into operation, so far as the execution thereof
is not expressly committed to any other person.

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 26° GEORGII V. No. 96. 1523
Infants' Welfare.

6-( I ) The Governor may appoint inspectors, inspecting nurses, A.D. 1935.
and other officers, with such powers and functions as he deems neces- -
sary to carry out the purposes of this Act. Inspectors and
(2) The Governor may appoint superintendents, ma trons, warders, Other officers.
and other servants of State institutions under this Act.

7-(1) The Director, with the approval of the Minister, may Visitors.
appoint such and so many persons as he thinks proper to be honorary
visitors of the Department:
(2) Honorary visitors shall, in accordance with the regulations, assist
the Department in procuring and supervising hoarding-out homes anti
in the care of the children of the State sent to such homes, or placed
out for hire or discharged or released on probation under this Act.

8--(1) T h e Director shall be the guardian of every child of the Director to be

State to the exclusion of the parent or other guardian, and shall. guardianof
of the
except during the time the child is lawfully detained in any certified children
state.
institution, and except as hereinafter provided. continue to be such
guardian, unless the Governor otherwise directs, until the child is
discharged. The Director shall as such guardian have (except as
aforesaid) the sole right to the custody of every child of the State, and
shall deal with such child as directed by this Act.
(2) While any child of the State is detained in any State institution Guardianslrip of
the superintendent or matron of the institution may exercise the powers inmates Of State
institution.
of the Director as guardian of such child.
(3) While any child of the State is lawfully detained in any certified Guardianship of
institution, the powers of the Director as guardian, with the sole right Of certi-
fied instit U t ions.
to the custody of the person of such child, shall be reposed in and
exercisable by the managers of the institution, who shall also continue
to be guardians of the child while such child is in the custody of any
person with whom he has been placed out by such managers, or during
the period of a n y apprenticeship of such child to which they are parties
as hereinafter provided.
(4) The Governor may at any time make an order transferring the Governor
guardianship of any inmate of a certified institution from the managers guardian-
to such person as the Governor by the order appoints.

9 The Minister may empower the Director or the managers long guardian-Pro-
to continue to be guardian of any child of the State until he attains ship beyond
the age of twenty-one years, or for such shorter period as the Minister discharge.
determines, and the child shall, during such period, be subject to the
supervision of the Department or the managers as the case may be.

10 Subject to the regulations, every child of the State may be- GeneralpowersofDirector.
I. Placed in some receiving home:
11. Detained in an institution :
III Transferred with the approval of the Minister from one
institution to another institution :

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1524 26° GEORGII v. No. 96.
- ~-

Infants' Welfare.

A.D. 1935. IV. Boarded-out, apprenticed, or placed at service with some

- suitable person : or
v. Placed in the custody of some suitable person who is willing
to take charge of such child-
by the Director.

Record of 11 The Director shall keep records of all moneys received and paid
children of the under this Act, and so far as known of the names, ages, dates of' recep-
to he kept tion, near relatives, nationality. sex. religion, and dates of discharge
of all children of the State, and of all dispositions of and dealings with
such children.
Annual report. 12 The Director shall in every year report to the Minister on the
working of this Act, and shall, in such report-
1. Specify the number of children in the several institutions :
11. Specify the number of children placed out and apprenticecl
during the period covered by the report :
111. Set out a summary of the receipts and expenditure of the
Department during the same period : and
IV. Set out any other particulars which the Minister may direct
from time to time to be included in such report-
and all such reports shall be laid before Parliament

PART III.
M A N A G E M E N T OF PROPERTY OF C H I L D R E N OF THE STATE.
Provisions where 13--(1) Subject to the provisions of this Act, if any child of the
child of the State State is or becomes at any time entitled to any real or personal
entitled to property in this State, or to any interest therein, whether the same
property.
is vested in such child or in any trustee on his behalf, or otherwise
howsoever, then and in such case, and whether or not any order for
contribution to the maintenance of such child has been made, and
whether or not the moneys payable under any such order have been
duly paid-
Public Trustee to 1. The Minister map, by notice in the Gazette, in general terms
take possession direct the Public Trustee to take possession of all such pro-
and convert into perty and apply the same for the benefit of such child of
money.
the State :
11. Thereupon the Public Trustee shall have and may exercise
in respect of all such property the same rights and powers
as if such property formed part of an intestate estate of
which he was the duly appointed administrator:

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 26° GEORGII V. NO. 96. 1525
Infants' Welf are.

III. T h e Public Trustee may demand, sue for, recover, get A.D. 1935.
in, sell, and convert i n t o money the said property at such -
times and in such manner as in his absolute discretion he
thinks fit, with power to postpone conversion, and in the
meantime to lease or otherwise dea1 with the unconverted
property as he thinks fit, without being liable for any loss
or damage that may be occasioned thereby :
IV. The Public Trustee shall apply all moneys coming to his Payments out of
hands u under the foregoing provisions of this section i n proceeds.
the manner and priority following, that is to say :-
Firstly, i n paying all costs and expenses incurred by him
in exercising the abovementioned powers, including
his own usual and proper charges of management,
realisation, and otherwise :
Secondly, in or towards defraying, to the extent of seven
years'" maintenance, the cost of the past maintenance,
if any, of such child of the State which has been
borne out of the Consolidated Revenue, and not
repaid :
Thirdly, in or towards defraying, to the extent of the
funds available, the current maintenance of such
child of the State, by paying to the Director such
sum per week as the Minister directs :
Fourthly, by accumulating the residue, if any, of such
moneys until such child of the State finally ceases to
be maintained out of the Consolidated Revenue, when
such accumulations shall, until the child attains the
age of twenty-one years, and, in so far as may be
necessary for that purpose. be applied for his benefit
in such inanner as the Public Trustee, subject to the
Minister's approval, thinks fit : and
v. Upon such child attaining the age of twenty-one years, the Application of
Public Trustee shall stand possessed of the balance of all balance Of
moneys.
such moneys and accumulations, and of the unconverted
property of the child, if any, in his hands or under his
control, upon trust for such child absolutely.
(2) Nothing in subsection (1) of this section shall be a bar to an Order for mainte-
order for or towards the maintenance of any child of the State being not barred
by subsection (1).
made by any court of competent jurisdiction against any person who
would, but for the provisions of subsection (1) hereof, be liable for
such maintenance, nor affect the amount of such order nor prevent
the enforcement thereof, nor of any like order heretofore made.
(3) All moneys received by the Director, on behalf of a child Application ot
of the State under any such order as lust aforesaid, shall be applied moneys paid
in repayment pro tanto to the Public Trustee ot the moneys, it any, under order.
expended by him under paragraph IV. of subsection ( I ) hereof, and,
subject thereto, such moneys as first aforesaid shall be applied by the
Director in payment of the past or current maintenance of' the child
in respect of whom such order has been made.

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