1515

TASMANIA.

THE INFANTS' WELFARE ACT 1935.

ANALYSIS.
1. Short title. 20. Liabilities of managers.
2. Repeal. 21. State aid to certified institutions.

PART I.-PRELIMINARY. PART V.-CHILDREN'S COURTS

3. Interpretation. AND CHILDREN OF THE
STATE. .
PART n.-THE INFANTS' Division I.-Ohildren's Oourts.
WELFARE DEPARTMENT. 22. Children's courts.
4. The Department. 23. Special magistrates.
5. Administra.tion. 24. Constitution of children's courts.
6. Inspectors and other officers. Proviso.
7. Visitors. 25. Powers of court.
8, Director to be guardian of children 26. Jurisdiction of other courts excluded.
of the State. Proviso.
Guardianship of inma.tes of State 27. Children's courts to have powers of
institution. courts of petty sessioll8.
Guardianship of inmates of certified 28. Place of sitting.
institutions. 29. Appointment of probation officers.
Governor may transfer gua.rdianship. 30. Probation officer subject 10 directiolll
9. Minister may prolong guardianship and orders of children's court.
beyond discharge. 3!. 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 have
PART III.-MANAGEME~T OF powers of police officer.
PROPERTY OF CHILDREN Probation officer may bring child
OF THE STATE. betore court fOl' further action.
13. Provisions where child ot the State 33. Powers of court with respect to
entitled to property. children released 011 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 proceeds. bation officer.
Application of bala.nce of moneys. 35. Exclusion of public from court.
Order for maintenance not barred Penalty for disobeying order for
by subsection (l). excl us ion.
Application of moneys paid under Reporting proceedings
order. 36. Register of children's court.
Certified extracts to be evidence.
PART IV. Justices to sign register.
Register open for inspection.
Di"i.ion I.-State I1l8titutions.
14. Governor may establiah institutions.
Division ll.-Admission or Oommittal
Di"ision n.-Private InstitutiolU. 01 Children oj the State.
15. Mode of certi(ving private institu- 37. Children admitted on application.
tions. 38. Warrant for apprehension.
16. Withdrawal of certificate. 39. Apprehension of child.
17. Certi6cate may be resigned. 40. Warrant to search for child suspected
18. Effect of withdrawal of certificate. to be in brothel 01' place where
19. Disposal of inmates on withdrawal opium is smoked, &c.
of certificate. 41, Apprehension of child in brothel.

3s.6d.]
 1516
42. Procedure when c11ild apprehended. 61. Child placed in institution.
Disposal of child pending hearing. fl2. Child mav be removed from one
Absconders mav be placed in gaol instituti~n to another.
Wanant not necessarv to detain 63. No detention after age of eig-hteeu.
child. . Child over sixteen may be detained
(3. Application to commit uncontroll- for three veal's. .
able child. 64, Mode of impl'i!;onment.
44. Parent's attendance in court. 65. Provisions as to release of child
Parent may appeal' Oil 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 appl'ehended without warrant.
45. Power of court with· respect to 69. The Department or managers may
neglected Cl' 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. Celtain children not to he placed
Court may direct institution of pro- out.
ceeding's against parent. 73. 'l'he apprenticing or placing out of
When parent present. children to be subiect to regula-
When parent not present. tion8.
48. May adjudge parent to pay penalty, 74. Provisions in indentures.
damages, 01' 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 expende(!
ing 10 penalty. for the child's benefit.
50. Order for detention. 77. Guardian may recover wages.
51. Summary trial of children not over 78. Disposal at de'lth.
the age of fourteen years for cer- 79. Indentures of apprentice:<JJip, agree-
tain indictable offences. ment, or placing'-out may be
52. Powers of children's court to deal assigned with consent ut Director.
with child reil over the age of 80. Minister may order return of child
fourteen years charged with cer- apprenticed 01' placed out.
tain indictable offences. Hl. 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 giyen 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 visioll of State children.
prima .facie evidence. 84. Children of the State to be vi3ited.
55. Procedure on requiring appearance l35. Payments for maintenance of State
before the court for punishment ~hildren to foster-mother.
ofa child who has been released
on a surety so to appear. PART Vl.-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 ~6. Order of liability of near relative!!
warrant of apprehension issued. for maintenance of anv child.
56. Power of children'B court to deal 87. On 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-
5R. Form of committal. ment.
59. Children to be placed in receiving 89. Allegations in complaint p'rimli
home. facie evidence.
60. Minister to determine particular 90. Application of certain sectionll of
i mtituton. 12 Geo. V. No. 4().
 1517
91. Court may require security for PART VIII.-OFFENCES.
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. no. Forgery of licences, &c.
95. Who may complain. Ill. Removing, harbouring, &c., State
children.
Communicatin~ with children in
PART VII.-FOSTER-MOl'HERS institutions.
AND NURSING HOMES. 112. Disobeying maintenance order.
96. All orders, &c., in force under 9 Geo. Desertion of child.
V. No. 15 to remain in force. Court may determine matter III
97. Application of this Part. summary way.
98. Interpretation. Court may issue warrant for arrest
99. Poster-mothers to be licensed and of deierter upon complaint on
nursing homes registered. oath.
Payments by Director for keep of 113. General penalty.
child.
100. Method oflicensing and registration. PART IX.-MISCELLANEOUS.
Register to be kept.
Duration of licence. 114. Children maintained in certified
Renewals. institu tion for two years without
Issue of licence. objection by father not removable
] 01. Director may refuse to license any without consent or order.
foster-mother. 115. Officer of Department may take
102. Roll of nursing home. part in all trials against children.
Receipt of infant to be notified to 116. Order may be set aside.
Director. 117. Order to be forwarded to institution.
Production of roll to police officer. Certain orders and copie~ to be
103. Duty and responsibiiity of foster- evidence.
mother. 118. Search warrant.
lO4. Licences and registrations may be 119. Persons in charge of State children
cancelled. to have privilege of constables.
Removal of childl'en of the State. 120. Proof of age.
Order for removal of other children. 121. Limit of costs to be paid by child. ~
Director may remove infants not 122. Cosh;. '
being children of the State. 123. Expenses of administration.
lO5. Notice to be given of death ofinfimt; 124. Act to be construed liberally.
inquest to be held and report
made to Minister. PART X.-REGULATIONS AND
106. Inspection. FORMS.
Penalty for refusing to permit 125. Regulations.
inspection. 126. Formll.
 1519
TASMAN lA.

1935.

AN NO VICESIMO SEXTO

GEORGII v. REGIS.
No. 96.

A..D.
•
AN A.OT to consolidate and amend the 'Law 1935.
relating to Welfare of Children and the
Protection of Infant Life.
[31 January, 1936.J
BE itenacted by His Excellency the Governor of Tasmania, by and
with'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 t.he contrary intention appears- J nterpreta tion,

.• ~ Age" means, in the abl!epc~ of P9sltiVe ~videJlce as to age~ the
apparent age : .
1520 2{)o Gl1~ORGIl V' No. 96
Infants' Welfare .

A.D. 1935. •. Authorised officer" means an officer of' the Department

authorised either g-enerally under this Act or for any par-
ticular purpose by the Director or the 'Minister:
"Certified iusti .. ution ., means a private institution certified or
deemed to be certified for the purposes of this Act :
" Child" means any 'boy or girl ullder the age of seventeen years:
" Child of the State" means a convicted child' or peglected
child or any other child received into or c'offimitted 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
the jurisdiction of a children's court:
., Clerk ' or "clerk of petty sesslOns" means the person
officiating as clerk of petty sessions at the place of holding
petty ~essions at or nearest to the place at which the
children's c()urtis 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
ofl~nce punishable by imprisonment: ,
" Department" means the Social Services Department:
" Director" means the Director ot Social Services:
" Foster-mother" means any person licensed as a foster-mother
under and for t.he purpose 'of Part VII. :
" Foster-parent" means auy person to 01' with whom a child of
. the' btate is' apprenticed or 'placed out und'er this Act, 'or
under any enactment hereby repealed, and includes the
assignee of such person:
'" InJI)ute'" means a child oftbe State maintained in an institution:'
" lnstitution " means any institution established, ordeemed to
have been established, by the Governor under sectiun fuur-
teen, and a certified institution: .
:" Mailltenance" includes food, clothing, lodging-, nursing,
medical treatment, necessaries, training, and education:
"Maintenance order" meaus an order made by a children's
court for paYlllcntof mone), by any near relative in respect
of the maintenance oLa child:
" MalJagers" means the persuns for the time being having the
management or control of any private institution:
,. l\' car relative," as regards a legitimate child, means father,
mother, ~teph:ltber, stepmother, brothel', 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 competentcollrt t9 be? tlw father of
~\.ich child:
 No. 96.
;; I .

Infants' Welfare.

" Neglected child" means a child- A.~.,.}~85.

t. Who is fonnd in a brothel or reputed brothel, or a
place where opium or any preparation thereof is
smoked. or who is known to associat~ with 01' be
in the company of a person known to tbepolice
to be, or reputed to be,a prostitute, whether such
person is the mother of the child or not:
If. Who associates 01' dwells with any person knf)wn
to the polic,~ to be, 01' reputed. t,o be, a thief or
drunkard, or with any pel'sonwho has no appar-
ent lawful means of support:
UI. Who begs in any public place, ,or habitually
wanders about public places, being in no osten-
sibleoccupation, or sleeps at night in. the open
. air in any public plac~: . ....
. TV. Who is not provided with necessary food, nursing,
clothing, medical aid, and lodging, 01' who is
neglected, ill.treated. ore~posed J>:y his parents
or either of them:
. I'"
v ... Who, being of the compulsory school age, is an
habitual truant from dU.r school, or whose parent
has been convicted at least twice of neglecting to ;.,- \...

,cause such child to attend school:

VI. "Vho is illegitimate, and whos,e mother is dead, or is
unable t? maintain or take charge of such child:
VII. Who takes part in any public exhibition or per-
formance whereby the life or limb of sl,lch child
is end3ngered : .
vm. Who, being a female, solicits men, or otherwise
behaves in an indecent,impropel',or disorderly
manner, or habitually wand,ers at night, without
sufficient cause jn a public place: .
IX. Under the age of fifteen years found .doing any of
the thing's refel'l'ed to in division Ca) of para-
graph I. of section one hundred and nine, or a
child under the age offourteen years found doing
any of the things referred to in division (b) of
the same parClgraph :
x. Who is found bv achildTen~s court to be an uncon-
trollable child" :
'lCr. Who!'eheme, by reason of the neglect, erut?lty, or
depravity of his parents, or either of then1"isan
unfit place for such child: or
XIl. vrllO dwells with, or in tile same house as, any
"; person known to the Director to be' suffering
from a venereal enthetic disease or from;pul-
 26 G:mORGtl V.
0 No 96
Infants' Wel/are.

A.D. 1985. monary consumption, in conditions which a

medical officer of health has certified to he
dangerous to the health of such child:
"Nursing home" means any home registereu 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 child lives
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 mair:tained, by private benevoknce 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 ot children in accordance with the
provisions of this Act:
" Roll" means a roll required to be kept by a foster-mother
under Part VI I. :
" Special magistrate" means a justice of the peace appointed or
deemed to pe 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 IJ.
THE INFANTS' WELFARE DEPARTMENT.
The Department. 4 The duties under this Act which formerlv devolved on the
Department known as the Children of the Stat~ Department shall
hereafter devolve on and be committed to the Social Services Depart-
ment.

Administrl.tioll. 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 tQ any other person.
 No. 96 '1593
Infants' Woelfare.

6-( J) 'fhe Governor may appoint inspectors, inspecting nurses, A.D.1935;

and other officers, with such powers and functions as he deems neces;.
Ilary to carry out the purposes of this Act. InsfJectors and
other officers.
(~) The Go,,-ernor may appoint superintendents, matrons, warders,
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 regulation;;, assist
the Department in procuring and supervising boarding-out homes and
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) The Director shall be the guardian of every child of the Director to be
State to the exclusion of tlte parent or other g'uardian, and shall. guardian of
children of the
except during the time the child is lawfully detained in any certified 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
;Jforesaid) 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 Guardiansllip of
inmates of State
the superintendent or matron of the institution may exercise the powers institution.
of the Director as gU;Jrdian of such child.
(:3) While any child of the State is lawfully detained in any certified Guardianship of
inmates of certi-
institution, the powers of the Director as guardian, with the sole right fied institutions.
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 duri~g
the period of any 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 may
transfer guardian-
guardianship of any inmate of a certified institution from the managers ship.
to such person as the Governor by the order appoints.
Minister may pro-
9 The Miuister may empower the Director or the managers long guardian-
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 Departrnent or the -managers as the case may be.

10 Subiect to the regulations, every child of the State may b\ e- General po\Vel'~
.J of Director;
I. Placed in some receiving home:
If. Detained in an institution:
m. Transferred with the approval of the M inister from one
i,nstitution to another institution:
 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 .Dir{'ctor shall keep records of all moneys received and paid
children of the under this Act, illld so far as known of the names, ages, dates of recep-
State to be kept.
tion, near relative:', nationalit.y. sex. religion, and dates .of discharge
of all children of t he State, and of all dispositions of and dealings with
~uch children. .

Annual report. 12 The Director shall in every year report 10 the Minister 011 the
working of this Act, and shall, in such report-
I. Specify the number of children in the several institutions:
11. Specify the number of children placed out and apprenticed
during the period covered hy the report:
Ill. Set out a summary of the receipts and expenditure of the
Department during the I'ame 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~hall be laid before Parliament

PART IIU
MANAGEMENT OF PROPERTY OF CHILDREN OF THE STATE.·
Provisions where 13-(1) Subject to the provisions of this Act, if In~y child of the
_Gbild of the State ~tateisor becomes at any time entitled to any real or pel;sonal
entitled to
property.
property in this State, or to any interest therein, whether the same
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 ma.de, and
whether or not the moneys payable under any such order have been
d.uly paid-
Public Trustee to l. The Ministermav, by notice in the Gazette,ingeneral terms
take possession direct the Pubiic Trustee to take possession of an such pro-
and.convert into perty and apply the same for the benefit of such child of
money.
the State: '
H. Thereupon the Public Trustee shaH have 'and may exercise
in respect of all such property the same rights and powers
as if such property .formed part of an intestate ~state of
which he was the duly appointed adminis~rator.:
 26 GEORGII V.No 96.
0 152b'
Infants' Welfare.

ITI. The Public Trustee may demand, sue for, recover, get A.D. 1935.
in, sell, and convert into money the said property at such
times and in such manner as in his absolute discretion he
thinks fit, with power to postpone convf'rsion, and in the
meantime to lease or otherwise deal with the unconverted
property as he thinks fit, without being liable fill' any loss
or damage that may be occasioned thereby:
IV. The Public Trustee iOhall applY all moneys coming to his Payments out of
hands 1I11der the foregoing' provisions of this section in proceeds.
the manner and priority following, that is to say : -
Firstly, in paying all costs and expenses incurred by him
in exercising the abovementioned powers, including
his own usual and proper charges of management,
rf'alisation, and otherwise:
~econdLy, 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
bome out of the Consolidated Revenue, and not
repaid:
Tllirdly, ill 01' 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 t.he
age of twenty-one years, and, in so far as may be
necessary for that purpose, be applied for his benefit
in such manner as the Public Trustee, subject to the
Minister's approvai, thinks fit : and
v. Upon such child attaining the age of twenty-one years, the Apvlic~tion of
Public Trustee shall I!;tand possessed of the balance of all balance of
moneys.
such moneys ;md acenmulations, and of the unconverted
J)roperty of the child, if any, in his hands or under his
control, upon trust for such childabsvlutely.
(2) Nothing in subsection (1) of this sectioll shall be a bar to an Order for mainte-
nance not barred
order for or towards the maintenanee of any child of the State being by subsection (1).
made hy 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 Applicatiun ot
of the State under any such order as last aforesaid, !Shall be applied moneys paid
under order.
in repayment pru tanto to the Public Trustee ot the moneys, if any,
expended by him under paragraph IV. of subsection (I) hereot~ and,
l'ubject thereto, such .illolleys as first aforesaid shall be applied by the
Director in payment of the past or current maintenance of th~ child
ip respect of whoJIl such order has been made.
1526 26 GEORGII V
0 No. 96.·
Infants' Welfare.

A.D. 1935. PART IV.

Division I,-State Institutions.
Governor ma v 14-(1) The Governor may, by order-in-council, establish and
establish institu-
tions, abolish receiving homes, children's homes, foundling homes, industrial
schools, probationary schools, reformatories, farm schools, and otlter
institutions for the care and maintenance of children of the State.
(2) The several institutions specified in the second schedule shall be
deemed to have been established HS institutions under and fOJ' the pur-
poses of this Act.

Division 11.-. Private Institutions,

Mode of certifY- 15- (1) The Minister may, upon the application of the managers
ing private of any private institution, examine into the condition and rules or
institutions.
regulations of the institution, and may, by writing under his hand,
certifY that it is fit for the reception of such children of the State as
may be sent there in pursuance ot t.his f\ct, and the same shall be
deemed to be a certified institution for the purposes of this Act.
(2) No substantial addition or alteration slwll be made in or to the
buildings of any such certified institution as aforesaid without the
approval in writing of the Minister.
(3) The several institutions specified in the third schedule shall be
deemed to be certified institutions for the purposes of this Act, and
certificates given in respect thereof by the Governol' under any repealed
Act shall continue in force as if the same had been given by him under
this Act.
Withdrawal of' 16-(1) The Minister, if dissatisfied with the conditions, rules, regu-
certi fi cate.
lations. management, or superintendence of any certified institution may,
at. any time, by notice under his hand served on the managers, declare
that the certificate of the certifieu institution is withdrawn as from a time
specified in the notice, being not less than six months after the date of
the notice; and at that time the withdrawal of the certificate shall take
effect, and the certified institution shall cease to be a certified institution.
(2) The Minister may, if he thinks fit, instead of so withdrawing
the certificate, by notice served on the managers, prohibit the admission
of children of the State to the institution for such time as may be
specifierl in the notice or until t.he Hotice is revoked.

Certi6cate llIav 17 The managers, or the executors or administrators of a deceased

be resigned. • manager if there is only one manager, of any certified institution
,nay give notice in writing to the Minister of their intention to resign
the cerr.ificate of the certified institution, and at the expiration, in the
case of' managers of six months, and in the case of executors or admin~ .
istrators of one month, from the receipt of such notice by the Minister,
the certificate shall be deemed to be resigned <lccQrdinglYl I,m less before
th~t tiTne the notice is withdrawH.
 26 GEORGIl V
0 No. 96. ]527
Infants' Welfare.

18 A chi1d of the State shall not be received into a certified insti- f\.D. 1935.
tution after the d<}te of the receipt by the managers of the notice ot
withdrawal of the certificate for their certified institution, or aftel' the Effect of
withdrawal of
date of the notice of resignation of the certificate; but the obligation ce rti ficate
of the managers to maintain any children of the State detained in their
institution at the respective dates aforesaid shall, except so far as the
Minister otherwise directs, continue until the withdrawal or resignation
of the certificate takes effect, or until the discontinuance of the contri-
bution out of money prodded by Parliament towards the expenses of
the children detained in the certified institution, whichever may first
happen.

19 Where an institution ceases to be a certified institution, the Disposal of·

children of the State detained therein shall be, by order of the Minister, inmates on with-
drawalof
either discharged or transferred to some other institution. certifica te.

20 The managers of any certified institution may decline to receive Liabilities of

any child of the State proposed to be sent to it under this Act, but, mflnagel's.
when they have once received him, they shall be deemed to have
undertaken the maintenance of such child during the whole period for
which he is liable to be detained in the certified institution, or until
the withdrawal or resignation of the certificate takes effect, or until the
discontinuance of the contribution out of money provided by Parlia:-
ment towards the expenses of the children detained in the institutioll,
whichever may fir8t happen. .

21 The managers of every certified institution shall be entitled to Statr aid tu certi·
fied institutions.
receive out of any moneys which may be provided by ParliaIllent for
that purpose, for every child of the State maintained in the eel,tified
institution during the preceding year, or any part thereof, a sum C;.l!Cll-
lated at such rate per week as the l\Iinister approves.

PART V.
CHILDREN'S COUR'l'S AND CHILDREN OF THE STATE.
Divison I.-Children's Courts.
22- (1) The Governor may, by proclamation. establish for the 'Children's courts.
purposes of this Act special courts to be called children's courts.
(2) A children's court shall be deemed to have been established for
the purposes of this Act, and may be held at any place within the State
where a court of petty sessions is, or has been appointed to be, beld.

23-(1) The Governor may appoint one or more justices to be a Speuial

special magistrate or special magistrates for any district. " magistJ'ate~.
(2 J ,Every. special magistrate appointed for any district under any
Act hereby repealed, and who was in office as such special magifltrate
1528 26 GEORGII V.
0
No. 96.
Infants' Welfare.

A.D. 1935. at the commencement of this Act, shall be deemed to have been
appointed under this Act as special magistrat.e for such district.
(3) For the purposes of this section and section twenty-four
"district" means a city and a municipality.

Constitution of 24 Every children's court shall consist.-

children's courts. 1. 'Vhere situate in any district. for which a special magistrate
has been appointed as herein before provided, of one or
more special magistrates for that district: and
11. Where situate in any district for which no special magistrate
has been appointed, of any two or more justices for such
district.
Proviso. Provided, however, that, if at. any time within any district for which a
special magistrate has been appointed no special magistrate is present
when a children's court is required to be held, any two justices for that
district may exercise the jurisdiction of, and while so doing shall con-
stitute, a chilrl.ren's court.
Powers of court. 25 A children's court and the magifltrate or justices constituting
such court, in addit.ion to any other jurisdiction, powers, and authorities
conferred upon them by this Act, shall have and may exercise in respect
of offences committed by children all the powers and allthorities for the
time being possessed by police magistrates, courts of petty sessions, or
justices.
Jurisdiction of 26 No cou rt of petty sessions, and no justice, other than a special
other courts magistrate or a police magistrate or justices sitting as a children's court,
excluded.
shall exercise any jurisdiction in respect of the matters as to which a
Proviso. children's court has jurisdiction: Provided that nothing in this section
shall abridge or prejudice the powers of justices to receive any complaint
or issue any summons, or to grant, issue, or endorse any warrant, or
admit to bail.
Children's courts 27 Subject to this Act., and so far as may be consistent with the
to have powers of jurisdiction hereby cunferred on children's courts, all the provisions of
CI)U~ts of petty the Justices Procedure A et 1919 shall apply to children's courts and to
semonl' every proceeding therein, and to the police magistrates, special magis-
10 Geo. V. No. 55. trates, and justices constituting such courts, whether sitting in court or
acting mini8terially out of court., as fully and effectually as if the said
provisions were repeated in this Act with the words "children's
court" substituted for the words "court of petty sessions," or
"justices," and the words" clerk of the children's court," for the word
"clerk" or " clerk of petty sessions," wherever they respectively occur.
(~) The clerk of petty sessions at the place of holding petty seRsions
at or nearest to the place at which a children's court is held shall be
the clerk of the children's court.

Place of Aitting. 28 Every children's court shall hold its sittings-

I. In some room of the building in which the court of petty
sessions of the place usually sits, but the children's COurt
 26° GEORGII V. No 96. 1529
Infants' Welfare.

shall not be held in the same room as that in which the A.D. 1935.
court of petty sessions, is at the time sitting for the trans-
action of its business or in which a justice or justices are
sitting out of sessions: or
11. In any other building or room.

29 The Governor may appoint for any children's court or courts, Appointment of
probation officers.
or for t.he Supreme Court, one or more fit and proper persons, male or
female, to be called "probation officers," who are willing to perform
the duties assigned by this Act to probatiou officers.

30 Every probation officer shall comply with the directions of the Probation officer
subject to direc-
court for which he has been appointed, and shall obey all the lawful tions and orders
orders of such court with respect to anv child under his supervision, or of children's
his care and control. • court.

31-( 1) It shall be the duty of every probation officer when Duties of

probation officers
required hy a court- .
I. To investigate the circumst.ances of any complaint, charge, \
information, or application made in respect ,of any child
and endeavour to ascertain his address and that of his
parents:
u. To inquire and furnish the court with information as to the
child's habits, conduct, and mode ofliving:
III. To render to the court such assistance as it may require:
IV. To visit and supervise any child before and after the hearing
and determination of the case as may be directed by the
court: and
v. To perform any othe'r duties that the Governor may by
regulation direct.
(2) It shall be the duty of every probation officer, under whose
supervision a child has been placed. to advise, assist, and befriend such
child, and when necessary ro endeavour to find him suitable employ-
ment.
(3) Every probation officer may appear in any such court to repre- Powers of
sent the interests of any child, and when a child is not represented by probation officers.
a legal practitioner the probation officer may be heard in any such
court on such child's behalf.

32-( 1) Any child may be released by a court on probation: and, if Child released
so released, or if discharged on surety to appear for punishment when conditionally to
called upon, or to be of good behaviour, such child shall~ if the court so b~ .unde;: super-
orders, be under the supervision of a probation officer of the court ~:t~~~ ~ffi~:~~
making such order. or of a probation officer of some other court, who
shall for that purpose be deemed to he a probation officer of the court
making the order as if he had been appointed for that court.
(2) Every probation officer shall have as to the child under his super- When probation
officer to have
sion or care and control the powers of a police officer. powers of police
officers.
1530 26.0 GEORGII V. No. 96
Infants' Welfare.

A.D. 1935. (3) At any time in his own discretion such probation officer may
apprehend without warrant and bripg any child under his supervision
Probation officer beforE' the court which made the order respecting such child for further
may bring child or other action as the court may see fit to exercise.
before court for
further action
Powers of court 33-( I) Where any child who, under this Act-
with respect to Io Has been released on probation: .
children release!l 11. Has been discharged on his entering into a recognisance to
on probation, &c.
appeal' for punishment when called upon, or to be of good
behaviour--
fails to observe any terms or conditions imposed upon him by a court
at the time of his release or discharge, the court may, by notice given
to the parent of such chih.l. or the person with whom he is living, or
the probation officer, direct that such child be brought before the court
at a time named in the notice; and if such child i8 not so brought
before the court may issue a warrant to apprehend such child and to
bring him before such court.
(2) If it appears to any court that such failure has occurred, the
court may deal with such child in the same manner as if he had not
been so released or discharged.
(3) This section shall be read and construed as in aid and not in
aerogation of any other provisions of this Act.

Powers of COUl't 34 Where a child has been placed by a court under the supervision
in casrs Lf of a probation officer the court, if satisfied on the report of such
children placed
under ~upervi~ion probation officer that the parent of the child or the person with whom
of pl'Obation he is living has failed, neglected, or refused tt~ comply with any con-
officer dition imposed by the court for the child's welfare and health, may
remove the child from the care of such parent or person and cancel
any order already made by it, and further deal with the child according
to law.

Exclusion of 35-(1) Where any charge, complaint, or application under this

public from COUl't. Act is being heard, the children's court may order any person who, in
the opinion of the court, is not directly interested in the proceedings to
leave the court-room or place in which such hearing is taking place and
the precincts thereof. .
Penalty for (2) If any person ordered as aforesaid to leave such court-room or place
disobeying order and the precincts thereof, or, having obeyed the same, returns to such
for exclusion. court-room or place, or the precincts thereof, dming such hearing, the
court may direct a police officer to remove such person, and such person
shHll be liable to a penalty of two pounds, or to imprisonment for fOl'ty-
eight hours, and the court may impose either of such penalties upon its
own know ledge of the commission of the offence.
(3) An order shall not be made under subsection (1) hereof in
respect of any person who is-
I. Counsel or solicitor for any of the parties to the proceedings
or clerk to such solicitor:
 26° GEORGII V No. 96 '15S1
Infants' Welfare.

IT. A probation officer: A.D. ·1935~

III.A parent of the defendant:
[v. The mother or sister of any female defendant or of a female
witness whose age is less than eighteen years: or
v. A female friend for whose presence such defendant as last
aforesaid has asked: Provided that only one such friend
shall be exempted hereunder.
(4) No person 8hall publish a report of the proceedings before the Reporting pro-
court or the result of any such proceedings, if such publication has ceedings,
been prohibited by the court.
Penalty: Twenty pounds.

36-(1) The clerk shall keep a register independently of that used Register ot
in the court of petty sessions of the minutes or memoranda of all con- children's court.
victions, orders, and proceedings of the children's court, in the pre-
prescribed form and with the prescribed particulars, and such register
shall be distinguished by the name of the place at which such court is
held as in the said form prescribed.
(,[) Such register, and also any document purporting to be an extract Certified extracts
from such register, certified by the clerk keE'ping the same to be a true to be evidence.
extract, shall be prima facie evidence of the matters entered therein.
(3) The minutes or memoranda of every day's sitting of the Justices to sign
children's court shall be signed by the special magistrate, police magis- register.
trate, or justices constituting such court by and before whom the con-
victions, orders, or proceedings referred to in the minutes or memo-
randa were made or had.
(4) Every such register shall be open for inspection, without fee, by Register open for
any justice, and by any person authorised in that hehalf by a justice, inspection.
or by a law officer of the Crown, or, so far as relates to the proceedillgs
in any particular case, by any party to the proceedings, or by the parent
of the child in respect of whom the entry is made.

Division II.-Admisswn or Committal of Children of the State,

3'7-(1) Subject to the approval of the Minister, any child under Children admitted
the age of seventeen years may, on the application of its parent or near on application.
relative, be admitted by the Director as a child of the State.
(2) Every child so admitted may be dealt with in the same way as
any neglected child committed by a children's court to the care of the
Department.

38 Any justice may, upon oath being made before him by an officer Warrant for
of the Department or other person appointed by the Director in that apprehension
behalf that. baving made due inquiry, he believes any child to be a
neglected or uncontrollable child-
I. Issue his summons for the appearance of such child before a
children's court: or
11. In the first instance, issue his warrant to a police officer or a
probation officer directing such child to be apprehended.
 1532 26 GEORGII V
0 No 96
Infants' Welfare.

A.D. 1935. 39 A police officer or any person authorised by the Director in

that behalf may, although the warrant is not at the time in his posses-
Apprehension of sion, apprehend any child for whose apprehension a warrant has been
child.
issued under section thirty-eiglit.

Warrant to 40-( I) If it appears to any justice, on complaint made before him

search for child on oath by any person of good repute, that there is reasonable cause to
. suspected to be in
brothel or place suspect that a child is in a place which is or is reputed or suspected to be a
where opium IS brothel, or where opium or any preparation thereof is smoked, or where
smoked, &c.· he is associated with a thief, or where there is reasonable cause to
suspect he is being ill-treated or neglected, such justice may issue his
warrant authorising the person named therein to search in such place
for any child, and to take such child to a receiving home to be dealt
with under this Act.
(2) Any person authorised by warrant under this section to search
for a child may enter, if need be by force, into any house, building, or
other place specified in the warrant, and may remove the child there-
from.
(3) Every such warrant shall be addressed to and executed by some
police officer of or above the rank of sergeant, who shall be accompanied
bV the person laying the complaint (if such person so desires), unless
the justice issuing the warrant otherwise directs.
(4) It shall not be necessarv in the complaint or warrant to name
the child. •

Apprehension of 41 Any person authorised by the Director in that behalf, or any

child in brothel. police officer, of or above the rank of' senior constable, may without
warrant apprehend a child-
I. Who is in a place which is a brothel, or where opium or any
preparation thereof is smoked: or
11. Who, such person or officer, as the case may be, has reason
to believe, is a neglected or uncontrollable child.

Procedure 42- (1) Where a child is apprehended as a neglected or uncon-

when child
apprehended. trollable child, or upon a charge of any offence, such child shall, if
practicable, be taken within twenty-four hours before a children's court,
or before some justice acting ministerially to be dealt with as herein
after provided.
Disposal of child (2) When a child is apprehended as aforesaid, such court or justice
pending hearing. as aforesaid may make an order directing that such child, pending the
hearing of the charge or complaint against him, shall be-
l. Taken to and detained in a receiving home, if that course IS
deemed practicable, expedient, and convenient:
11. Placed in charge of some respectable person to be named in
such order:
III. Placed in charge of a married probation officer and his wife,
or a married police officer and his wife:
 26 0 GEORGII V No 96. 1583
Infants' Welfare.

IV. Kept in a gaol, or in the lock-up at a police station, if the A.D. 1985.
charge is of so serious a nature that his safe custody is of
first importance: or
v. Admitted to bail.
(:3) A probation officer or police officer if so directed may make such
. arrangements, and enter into such agreements, as may be necessary for
giving effect to an order under paragraph n. of sub~t'ction (2) hereof,
and in respect of au orrler ulirler paragraph HI. thereof he shall be
entilled to be paid a r-eftsonable sum for the keep of the child so placed
in his charge.
(4) If any such child escapes from the custody of any such person Abgconders may
as aforesaid or from any such place of detention, he may be re~arrested be placed in gaol.
as an absconder and placed in a gaol till the charge or complaint is
dealt with by the children's court.
U'» In any of the abovementioned cases no warrant shall be neces- Warrant not
sary to authorise the detention of any such child, but, if the right to the necessary to
custody of any such child is called in question by hubeas corpus or detain child.
otherwise, it shall be sufficient to give in evidence the said order of the
children's court or justice and the authority granted by the provisions
of this Act to the persons abovenamed.
43 Any person having the act.ual care and custody of a child may Application to
apply to a children's cuurt to commit the child to an institutiun upon commit uncon-
the ground that the child is an uncontrollable child. The provisiom. trollable child.
of section forty-two shall apply to such child as if he were a child
apprehended as an uncontrollable child..

44-( 1) Where any child is charged before a children's court with Parent's attend-
being a neglected or uncontrollable child or with an indictable ofience ance in court.
or with an offence punishable on summary COil viction, or when any
application is made to the court with respect to any child under the
provisions of section forty-three-
1. The child and the parent of such child shall be entitled to be Parent may
heard on his behalf either personally or by a leg~al practi- appe~r on behalf
tioner and may cross-examine witnesses for the prosecution of chIld.
and examine and re-exallline witnesses testi~ying on behalf
of such child:
H. If the pareGt of such child is not present, the court. may hear Enforcement of
the charge or application in his absence, or may order a parent's attend-
summons to be issued for the attendance of such parent ance in court by
summons.
before such court, and may adjourn the hearing of the case
in the meantime: and
m. If the parent after being duly served with such summons By warrant.
neglects or refuses to attend accordingly without furnishing
to the court a reasonable excuse, the court may order a
warrant to be issued to bring him before the court at the
hearing of the case, and on his arrest he may be admitted
to bail on entering into recognisances, with or without
sureties, to attend the court at the hearing.
1584 26° GEORGII V. No. 96.
Infants' Welfare.

A.D. 1935. (2) A children's court shall not hear any charge against or application
in respect of a child in his absence, and, in the event of the absence of
Child to be any child at the time appointed fur such hearing, the court shall
present when adjourn the hearing, and if necessary from time to time, until the child
charge heard.
appears or is brought before it.

Power of court 45 If on the hearing a children's court finds that any child charged
with respect to with being a neglected or uncontrollable child is a neglected or uncon-
neglected or trollable child, it may-·
uncontrollable
child. I. Release the child on probation upon such terms and con-
ditions and for such period as the court may think fit :
n. Commit the child to the care of the Department: or
Ill. Commit the child to an institution.

Provided that, where a near relative applies for an order of committal

of an uncontrollable child, the court mal' decline to make the order
unless security is given to the satistilCtion of the court tor the making
of such payments as, in the opinion of t.he court, 1he applicant is able
to afford for or towards the maintenance of such child.

Powers with 46-(1) Where a child is summarily convicted by a cl.ildren's

resr.ect to child court of an offence, other than an indictable offence, punishable by
liable to be sum-
marily convicted.
penalty or imprisonment, the court may-
I. Release the child on probation upon such terms and con-
oitions and 101' such period of time as the court may think
fi t :
n. Commit the child to the care of the Department:
1II. Commit the child to an institution:
IV. Upon convicting the child, discharge him conditionally on his
entering into recognisances for a nominal sum with a
surety or sureties to the satisfaction of the court, in such
sum as the court thinks reasonable and proper, to appear
for punishment when called upon or be of good behaviour
for a term of not more than twelve months, and also, if it
thinks fit, in addition, order him to pay such damages and
costs or either of them as the court thinks reasonable:
v. Adjudge the child to pay a penalty not exceeding five
pounds: or
VI. If the age of the child is fourteen years or over, sentence the
child according to law, but in no case to a longer term of
imprisonment than three months.
(2) 'Vhen a sentence is imposed on H child under this section, the
court shall forthwith transmit to the Minister a copy of the proceedings
and a statement of the reasons for imposing such sentence, and the
Minister may order the removal of sllch child to an institution.
 .26 GEORGII V
0 No 96 1535
Infants' Welfare.

(3) When a child is dealt with under this sect.ion, the court may, A.D.'1935.
if there is no previous conviction against such child, order that no con-
victior) shall be recorded against him, and any such order may, in the
discretion of the court, be subject to the condition that he sbail pa)
such damages and costs, or f'ither of them, as the court directs.

47-(1) Where a child is summarily convicted by a children's Procedure where

eourt of Hn oflen~e in respect of which a penalty, damages, or C')sts, or parent deemed to
have contributed
anyone or more of them, is or are adjudged to he paid. and the court to commis.ion of
has reason to believe that such child's parent has contributed to the child'" offence.
commission of the said offence by wilful default or by habitually Court may direct
neglecting to exercise due ('are of the said child, the childrpn's court 0:
instituti.OI:
may direct a police officer forthwith to charge sllch pan'nt with so con- proceedings
tributing to the commission of the said offence, and, if the parent is against parent.
present and does not ask for an adjournment of the hearing of the When parent
present.
charge to enable him to answer it, such court may hear the charge
there and then, and on being satisfied that it is proved may cl)IJvict the
said parent thereof: Provided, however, that, where it is shown that
the parent's want of pecuniary means is the cause of such default or
neg'lect, the charge shall be held not proved.
(2) If the said parent is not present the children's court may direct When parent
a police officer to obtain a summon,; on sHch charge against the parent not present.
of such child, and upon the day appointed by the Sllmmons for the
hearing of such charge. and alter due service thereof on the said parent,
the court, on being satisfied that the charge is proved, may convict the
said paren t thereof

48-(1) Where a children's court convicts the parent of the charge May adjudge
as aforesaid, it. may, in and by its conviction, adjudge the said parent parent to pay
penalty, damages,
instead of his child, to pay the penalty, damag-es, or costs, or anyone or COl'>ts instead
or more of them, that such child has been adjudged to pay, and may of child.
in addition order the said parent to forthwith enter into his own recog-
nisance with or without surety for the good behaviour of such child for
any period not less than three months nor more than twelve months,
and, in detlwlt of such recognisance being entered into accordillgly, may
order the said parent to Ill.: Imprisoned for a term of three mOllths
(2) Where the parent is so adjudged to pay all or allY of sllch sums Child exeused
as aforesaid, the children's court shall not enforce against the child the from payment.
payment of the said sums ~o adjudged to be paid by him in the first
instance, but this provision 3ha1l not prejudice lhe right of the court
to deal with the said child a~ a ., neglected child ' under this Act, in
which event the said parent shall not be ordered tu ellter in to a recog-
nisance as aforesaid for the child's good behaviour.

49 Where any child over the age of fourteen years has been Term of imprison-
adjudged by a children's court to pay any "urn or sums of muney by ment correspond-
illg to penalty
way of penalty, damages, or costs, the court fIla \" in default of payment
thereof, forthwith, or within such time as the court may direct, order
 26- GEORGII V No 96'
Infants' Welfare.

A.D. 1935. the child to be imprisoned for such period as the court may order, not
exceeding in any case the maximum period fixed by the following
scale : -

Where the amount of the sum or The said period shall not
sums adjudged to be paid- exce~d-

Ooes not exceed twenty

, shillings ••... . • •• Three days
Exceeds twenty shillings, but
does not exceed forty
shillings. . .. .. .' .. Seven days
Exceeds forty shillings, but
does not exceed five
pounds ", .... , .. ,.,. Fourteen days
Exceeds five pounds One month

Order for 50 Whenever a child is committed to the care of the Department,

detention.
the order of committal shall be sufficient authority tUaJly, police officer,
probation officer, or officer of the Department to take the child to. such
institution as the Director may direct, or in default of any such direc-
tion to such receiving home as may be nearest or most convenient,.

::;ummary trial of 51 Where any child whose a~e does not exceed fourteen y,ears, if!
chhildrenoJflOft over charged before a children's court with any indictable offence other than
t e age 0
teen years for our- murd er or attempt to murd er, rape, mansIaug Ilter, or woun d'mg Wl'th
certain indictable intent to do grievous bodily harm, the court shall not commit such
offences. child for trial at the Supreme COllrt, but shalt deal slltlIlmarily wi.th
the offence and, if' it finds the charge. to be proved, may at its discretion
deal with the case in any of the moth,s specified in paragraphsL to. v.
of section forty-six which the court is empowered to adopt in: respect of
offences referred to in that section.

Powers of 52'- (1) \\ hen a child o~er the age of fourteen years, is charged
children's court before a children's comt with an indictable offence oth~r than, murder
to deal with
chilaren over the or attempt to murder, rape, manslaughter, or wounding with, intent to
age of fourteen do bodily harm, the children's COllrt-
years charged
with certain T. If it finds the charge to lJe proved, may--
indictable Ca) Release the child on probation uyon such terms and
offences. conditions and for such period as the court may
think fit: .' "
Cb) Commit the child to the care of the Department:
'C i Commit the child to an institution:

Cd) Sentence the child according to law in the case· of

any offence for which an adult might be sentenced
on summary con viction :
 26° GEORGII V No. 96
l',
]537
Infants' Welfare.

Ce) In the case of any indictable offence other than an A.D. 1935.
offence such as is referred to in division Cd)
hel'eof, without entering a conviction, commit the
child to take his trial at law: or
H. If, in the opinion of the court, the evidence is sufficient to put
the child upon his trial for an indictable offence, or raises a
stmng or probable presumption of the guilt of the child, but
the .court is not of opinion that the charge has been proved
beyond all reasonable doubt, then the court shall commit
the child to take his trial according to law.
(2) Notwithstanding anything in subsection (1) of t his section to the Child may elect
contrary, where a child is charg-ed under that subsection with any indict- to be tl'ieciby a
able offence such as is referred to in subsection (1) of section sixty-one ~~~ VN
of the Poltce Offences Act 1935, he may elect to be, or his parent 44 eo. . o.
on his behalf may elect that he be, trieo hya jury in any case in which .
an adult charged with a like offence would be entitled to so elect, and
the provisions of subsection (3) of section sixty-one of the lastmen-
tioned Act and of Part IV. of he Justices Procedure Act 1919 shall, lO Geo.V. No. 55.
with the necessary modifications and in so far as such provisions are not
inconsistent with this Act, apply to the procedure of the children's
court in respect of such charge.

53 Where achildrell's court has committed a cbild to take his trial Child mav be
according to law for any indictable offence, the Minister may, if the detained in an
institution
child has not been admitted to bail, order that, pending his present- pending trial.
ment for trial or the sooner abandonment of the proceedings against
him, the child be detained in an institution, or, if he is in legal custody
awaiting his trial, that the child be transferred from such custody to an
institution and there detained as aforesaid.

54-(l) Every order committing a child to the care of the Depart- Form of order.
ment. or to an institution shall cont.ain a stat.ement of the age and
religion, so far as can be ascertained, of such child, and the cause for
which the child is to be detained.
(2) The statemen t in any order that the child therein named is of a Statem:~t of age
certain age and religion may, for the purposes of this Act, be taken to an~ r?hgl~n to be
be true, unless within six months from the date of the order the pl'~dafacw
Director shall be satisfied to the contrary, and shall endorse on the eVl ence.
order the correct age or religion.

55-( I) Where any child has been convicted under this Act and Procedure on
requiring appear-
discharged conditionally upon his entering into a recognisance in a ance before the
nominal sum with a surety or sureties to appear before the children's court for punish-
court for punishment when called upon, and the said court at any time ment of a child
thinks fit to call upon such child to appear before the said court for who haR been
punishment, such call may be effected and shall be sufficient if a notice released on surely
so to appear.
in writing signed by the clerk of the children's court and addressed to
N oticein writing.
such child and 'his surety or sureties is served on such surety or sureties
commanding such child to so appear, alld his said surety or sureties to
 1538 26° GEORGII V. No 96.
Infants' Welfare.

A.D. 1935. produce him, before some sitting of the court at a time and place
therein mentioned to receive punishment. for the offence of which htj
had been convicted by the said court..
Service of notice. ("2) Service of the said notice may be effected by posting the same to
the address of the suretv or sllreties mentioned in the recognisanee so
as to reach such adrlress by ordinary course of post seventy-two hours
before the time named in the said notice for the appearance of such
child before the children's court. or as service of a summons may be
10 Geo. V. No. 55, effected under the Justices IJrocedure Act 191!),
On child's failure (3) After beillg- so served with such notice if such child does not
to appear appear before such court for punishment accordingly, the said court
recognisance to
be forfeited and may declare tht> recognisance to be forfeited and may issue a warrant
warrant of for the apprehension of such child, and any i IIstice may ciispose of him
apprehension in the manlJer provided in this Act for tht> disposal of a child pending'
issued. the hearing of a eharge or informatioll, and orde!' him to be brought.
before the next sittillg of the court to be dealt with according to law.
Power of 56 Wllere a child is charged before a children's court with murder,
children's court to
deal with children attempt to. murder, rape, manslaughter, or wounding with intent to do
charged with bodily harm, and the cou rt is of opinion that the evidence is sufficient
murder, &c. to put the child upun his trial for an indictable off'ellce, or raises a
strong or probable presumption of the guilt of the child, then the
court shall commit the child to take hi5 trial according to Jaw.

How child 57 Wllcre a child upon his trial in the Supreme Court has pleaded
convicted of
indictable offence guilty t') 01' has been convicted of an iudictable offence, the judge
may be dealt may-
wit'h. J. Discharge the child on his enteringillto a recognisance:

H. Release the child on probation upon such terms and condi-

tions and for such period of time as the court or a judge
thereof may think fit:
Ill. Commit the child to the care of the Department:
IV. Commit the child to an institution:

v. Order the child to pay a fine, damages, or costs:

VI. Order the parent or guardian of' the child to pay a fine,
damages, or costs:
VII. Order the parent or guardian of the child to give security for
his good behaviour: or
VIll. Sentence the child according to law.

Form of 58 A court in committing a child to an institution shall do so in

committal. general terms, but may recommend to the Minister that the child be
sent to an institution of a particular class,

Children to be 59 A child on being committed 10 an institutiQIl may be placed

placed ~n temporarily in a. receiving home.
rl)geiyin~ hOll1-e~
 Q6°GEORGII V No 96 1539
Infants' Welfare.

60 The Minister, with respect to any child who has been com- A.D. 1935.
mitted to or is an inmate of an y institution, shall determine the par-
ticular institution in which the child shall be placed and detained. Minister to
determine
61 'rh· M' . . bl h I' d h d . f' particular
e Jnlster as soon as pmctICa e s a I en orse on t e or er 0 institution,
committal the name of the illstitution and the place where the child is Child placed in
to be detained. institution.

62 The Minister may direct that any child who has been com- Child may be
mitted to, or is an inmate of, any institution shall be removed to another removed from
institution, and he shall be removed accordingly and there detained. one institution to
another.
63 Except as in this Act otherwise provided, no child of the State No detention
shall be detained in any institution after attaining the age of eighteen after age of
years: Provided that, if any child at the time of being committed t.o an eighteen.
institution is upwards of sixteell years of age, such child may be ordered Child over six-
teen may be de-
to be detained in an institution, or otherwise dealt with under this Act, tained for three
for a period of not exceeding three years, notwithstanding that such years.
period would extend beyond the time of sllch child attaining the age
of eighteen years.

64 Any child sentenced to imprisonment under this Act may be Mode of

detained during the term of his sentence in such place and uuder suehimprisonment.
conditions a" the (jovernor may direct, and while so detained ilhall be
deemed to be in legal cu:stody.

65-(1) A person in detention pursuant to the directions of the Provisions as to

Governor under section sixty-four may, at any time, be released by the release of child
Governor on licence. detained according
to directions of
(2) A licence may be in such form and may contain such conditiOlis Governor.
as the Govel'Ilor may direct. .
(3) A licence may at any time be revoked or varied by the Governor,
and, where a licence has beell revoked, t.he person to whom the licence
related shall, upon notiee of such revocation being served upon him,
rerul'Il or go to such place as the Govel'IlOf may direct. and, if he fails
to do so, may be apprehended without warrant and taken to that place
by a police officer or officer of the Department.

66- 0) Notwithstanding anything iu this Act to the cont.rary- Discharge of

convicted child
[. The Govel'Ilor may, upon the reco'nmendation of the Minister,
order the discharge of any convicted child: and
11. Tht' Minister may order the discharge of any child, other
them a cOllvicted child-
from the control of the Department or from an institution, and the child
shall forth wit.h be discharged accordingly.
(2) Such discharge may, jf the Governor or Minister, as the case
may be, thinks proper, be a discharge on probation on such conditions;
if any, as w.ay be imposed, and in sqch case th~ child sh(illbe subject
 1540 26° -GEORGII V No 96
Infants' Welfare.

AD. f:985. to the care of the Department until he attains the age of twenty-one
years, or for such shorter periud as the Governcr or the Minister, as
the case may be, determines.

Inspection of 67 When a child has been released on probation under this Act-
premises by pw- I. The child and tbe premises wiJerein he resides shall be subject.
bat ion officers. to inspection by t he probation officers of the court w bich
released such child, or officers appointed in that behalf by
the court, or any officer of the Department: and
11. If any person having the custody or control of a child so released
as aforesaid ill-treats or neglects such child, the Minister
mav remove the child from such custody or control.
. "
State children 68 Any child of the St1:lte who absconds from 'any institution, or
absconding', &c., h'om his foster-mother,or fostel'-parent, 01' frum allY person ill whose
may be appre-
hended without custody he is placed, or \dlO, whilst liable to detention, refuses ()I' lleg-
warrant. lects forthwith to return to such institution or custody as the Director
llIay ordfr, may be apprehended without a warrant by any police offieer,
or by an officer of the Oepartment, and conveyed to such institu1ion or
custody as the Director may direct.

The Department 69-(1) The Director, or the managels of any certified institu ti0'tl ,
or IJHllla gers as the case may be, may, by indentures 01 (Jpprentieeship, bind any child
lIlay apprentice
children. of the ~tate apprentice to be taught such trade 1)1' calling as the
Director or such managers approve.
(2) Such indentures shall be as effectual without being executed by
the child as if the child were of full age at the date thereof, and had
voluntarily executed the same.

Director or 70-0) Su~ject to this Act, the Director or the managers of any
governing certified institution, as the case may be, may place out any child of the
authority may
place out State for such period as the Director or managers think fit.
children. (2) A child of the State shaH not he placed out with any person who is
the holder of an hotel or public-house licence.
(0) Nothing in this sectioll shall authorise the placing out of allY chihl
fol' any time extelJding· beyond the period of detention of such child.

State children 71- (1) Every child of the State over the age of seven years shall
to attend school he !'enl regularly to a ~tate school in compliance with the Educctli07t
regularly.
Aet 19:32, or be regularly and efficiently instructed in some other
23 Geo.V. No. 22.
mallner until such child attaills tile age of four:een years, or suc I later
age as the Minister in any case direets.
(2) No child of the State shall be applenticed or placed out for hire-
I. If he is under the age of fourteen years: Of
H. Unless a medical certificate of physical fitness for employ-
ment has been obtained in respect of ~uch child.
({) Any parent 01' foster-parent committing 01' permitting any
breach of this section shall be guilty of an offence against this Act,
unless for good caqse shown he be specially exem pieq by tbe Minister
 260 GEORGIT V No 96
In/ants' Wel/are.

72! Noch.ild wheis suffering from enthetic disease shall be placed out. A.Dl 1935'~

73 The apprenticing· or placing out of a child of the State by the Certain childl'6n'
not to be placed
manager.s of any institution shall be su~ject in all respects to the out.
regulations.
The' apprentioin~
" .' . . • _. or placing out of,
74~(l) All agreements for the placHlg out for hIre of chIldren of children to be
the State under this Act shall be in a form approved by the subject. tl)
Minister. regulations,
(2) All indentures of apprenticeship shall be in the form prescribed Provisions in
by or u~der the Wages fJoards Act 19:W (hereinafter called" the said indentures. .
Act "), whenever applicable, but otherwise shall be in such form as the ] 1 Geo.V. No. 51.
'Min:is~r shall appro:ve.
(3) All such agreements and indentures shall, in addition to the
provisions, if any, prescribed under the said Act, contain provisions
respecting the maintenance of such children, and for the due payment
'of such wages as may be payable thereunder, and shall be exempt
from. stamp duty.
(4) Any indentures executed in conformity with the provisions of
this. Act shall be good and valid indentures for all purposes under the
said. Act and enforceable in the same manner as if the same were in a
form prescribed under the said Act.

tz5-( 1), All wages earned by a child. of the State, except. such part Wages may be
thet.eof as the employer is required to pay to the child personally as paid into savings
bank.
pocket-money,. shall be paid by the employel' Ito the guardian of the
child or other per,son mentioned in the indentures 01' agreement.
(2) The guardian or such person shall deposit every amount so paid
in a savings bank in trust for the child.

76-.(1) All or any part of the money so deposited, and any interest Moneys banked
th~reon, may be. expended for the benefit of the child whEtn and in for ma y be expended
the child's
such manner as his guardian may deem advisable. benefit.
. (2) When a child of the State is discharged, his guardian shall pay
to. him, Of expend. for his benefit, as the g'uardian thinks fit, such
portion of the money earned by the child as aforesaid, and then. in the
savings bank, as the guardian thinks advisable;
(3) Any such payments may be made by instalments if considered
advisable.
(41) A Dy balance not so paid· to the child or applied for his benefit
shall remain in the savings bank at interest until the child attains the
age· of1 twenty-one years, and shall then be transferred: to the child on
application and proof of his identity .

.rr' The wages or earnings due,by any person on account of any Guardian may;'
chIld of the State may. be sued for and irecovered by and in the name recov;,eli wages.
of the guardian, of the child or of any other person named for that . .:
pU~Rose in, the indenture or agreement as aforesaid, for the benefit of
th~ child. ,
1542 266 GEORGII V No. 96.
Infants' Welfare.

A.D. 1935. 78 On the death of a child of the State, the money held in trust
to the credit of the child in any savings bank pursuant to this Act
Disposal at death. shall, after payment thereout of any funeral or othel' expenses approved
by the Minister, be paid to the personal representative of such child.
Indentures of 79-(1) The foster-parent of any child of the State may, by an
apprenticeship, assignment bearing toe consent of the Director or the managers, as
agreement, or
placing-out may the case may be,but not otherwise, assign the indentures of apprentice-
be assigned with ship or agreement for placing out in relat.ion to such child to any fit
consent of and proper person.
Direetor. (2) Every such assignment shall be executed in duplicate by the
assign or and assignee, and one part of the assignment so executed shall
be forthwith forwarded to the Director or managers by the assign or,
and thereafter the indentures or agreement for placing out shall, for the
purposes of this Act, be read and construed as if the assignee had
originally been party thereto in the place of the assignor.
(3) Any foster-parent who assigus any indentures of apprenticeship
or agreement without such consent as aforesl:Iid shall be guilty of an
offence against this Act, and the assignment shall be null and void.
Minister may 80-(1) The Minister may at any time by order require any child
order return" of of the State pll:lced out or apprenticed forthwith to surrender himself
child apprenticed
or placed ou\. at any institution or to any person to be named in the order.
(2) The Minister may, by the same or a separate order, and without
incurring any liability for breach of contract or otherwise, cancel the
indentures of apprenticeship or agreement relating to any child of the
State, and require the person with or to whom such child is placed out
or apprenticed forthwith to deliver such child at ail institution or some
person to be named in the order.
(3) Any police officer or officer of the Department may,without
wl:lrrant, take into custody such child and bring him to the institution
'or person named in the order, and for' such purpose may enter upon or
into any land, house, building, or vellsel whereon or wherein the child
is or is supposed to be.
Change ot '81 No person with or to whom a child of the Siate is placed out or
residence to be apprenticed shall chl:lnge his place of residence without giving to the
notified by
foster-parent. DiJ'ector or the managers the prescribed notice.
Notice to be 82 If a child of the State apprenticed or placed out absconds,
given if child becomes ill, meets with an accident, or dies. the person with or to whom
absconds, such child is placed out or apprenticed shall immediately give such
becomes ill, or
dies. notice and do all sucb huther acts and things as may be prescribed.
Department to 83 The Department shall have general supervision over'all children
have general of the State detained in any institution or placed out or apprenticed.
supervision of·
State children.
84-(1) The Director where practicable shall cause every child of
Children of the the State to be visited once at least in every three months bv an officer
State to be
visited. of the Department, or person appointed for that purpose by the Oirector,
to ascertain whether the conditions of the indentures of apprentice-
 26° Gi~OliGIl V No 96 1643
Infants' W el fare.

ship or agreement respecting' such child have been fulfilled, and whether A.D. 1935.
the treatment, education, and care of such child are satisfactory.
(2) The managers of any institution or any person authorised by
such managers may, for the like purp0'le, visit any child of the State
apprenticed or placed out by such managers.
(3) Every person, with or to whom a child of the State is placed out
or apprenticed, shall, at the request of any such officer, managers, or
person-'
I. Produce the child and his outfit, or show cause to the satis-
faction of the officer, managers, or person for the non-
production or absence of such child:
11. Permit an examination to be made of such outfit and the
sleeping and other accommodation, and food provided for
such child: and
Ill. Permit such officer, managers, or person, out of the presence
and hearing' of such firstmentioned person, to examine and
question such child.

85 The Minister may, out of any moneys which may be appro- Payments for.
priated by Parliament for that purpose, pay to the foster-mother of mamten~nce of
any ch 1'ld 10r
£
th e care an d '
mamtenance f
0 suc
1 'Id"
h ensue hsum
' as h e State chIldren to
foster-mother,
thmks reasonable and proper.

PART VI.
MAINTENANCE OF CHILDREN BY THEIR RELATIVES,
86 The undermentioned near relati yes of any child of the State shall Order of lia?ility
be liable to payor contribute towards the maintenance of such child of nea~' relatIves
'
aC?Ol:d mg to tl'h'
ell' a b'l' '1
I lty respectIve y, an
d'm t h e ['1011'
owmg ord er 0f for mamtenance
of any child.
prIOrIty, name y : -
I. In the case of a legitimate child-Father, mother, stepfather,
stepmother, brothers and sisters, grandparents:
n. In the case of an illegitimate child-Father, mother.

87-(1) Upon complaint that any persons are near relatives of any On complaint
child of the State, and are able tu payor contribute towards the main- court to issue
summons.
tenance or past maintenance of such child, such persons or any of them
may be summoned to appear before a children's court at a time and
place to be named in such summons, to show cause why they or he
should not pay for or cuntribute towards the past or future maintenance
of such child.
(2) The court may adjourn the hearing, and may summon any uther
persons alleged to be near relatives to appear at the adjourned hearing.
1544 26° GEORGII V. No. 96
Infants' WelfarfJ.

A.D. 1935. (3) If the court issatisfied that the persons summoned, or any of
them, are near relatives, and are able to, and in the opinion of the
Court may order
payment of
court should, pay for or contribute towards the past or future main-
maintenance. tenance of such child, the court may order payment to be made to
the Director or to the managers of an institution or to such other per-
son as the court thinks fit by such near relatives, or some one or more
of them, and, if by more than one, in such proportions, as the court
thinks fit-
I. Of sllch sum for past maintenance of the child: and
H. Of such sum for future maintenance, and for such period, and
by such instalments-
as the court deems sufficient.
(4) If a maintenance order is made against two or more near
relatives, one order may be made against all of them, or separate orders
may be made against each or any of them jointly or severally, as to the
court seems fit.

Order to take 88 Every maintenance order shall be served personally upon the
effect from
pronouncement.
persons Hgainst whom the same is made, or in such manner and at
such plac~ as may be prescrihed, or as the children's court shall direct;
and the order shall take effect from the time of its pronouncement,
notwithstanding that the formal order has not been signed or served.

Allegations in 89 Upon the hearing of any complaint under this Act in respect of
complaint lJrilna the maintenance of a child of the State, whose paternity is not in
lode evidenct'.
question, the averment in the complaint that any person therein
mentioned is a near relative liable to maintain, and is able to payor
contribute towards the maintenance of, such child, and that any sum
has bf'en expended upon, or is due, or owing for or in respect of,
maintenance, shall be sufficient evidence of the facts so averred.
A pplicatiol1 of 90 Sections sixty-three to sixty-five of the Maintenance Act 1921
eer1aill sections
of 12 Geo. V.
(hereinafter called "the said Act") shall apply to and in respect of
No. 40. maintenance orders made under this Part, in the same manner as if
those sections had been incorporated in this Part, and for the purpose
of sllch application any reference in such sections-
I. To the said Act, shall be deemed to be a reference to this
Part:
11. To a court, shall be deemed to be a reference to a children's
court: and
III To the clerk of the court, shall be deemed to be a reference
to the clerk of such children's court.

Court may 91-(1 i A children's court, on.the hearing of a complaint that any
require oecllJ'ity person liable upon any maintenance order made under this Act has
foJ' corn pliance
with order.
made default thereunder, may order that the person liable for the main-
tenance shall fiud good and sufficient securit.y that he will comply with
the order rrwde again~t him.
 ~6° GEORGII V No. 96. 1545
Infants' Welfare.

(2) The children's court may, by such last mentioned order or by a A.D. 19315.
further order on the same complaint, adj udge that., in default of such
security being found, such person shall be imprisoned for any period
not exceeding six months. if the order for security i~ not sooner
complied with.
(3) The children's court may determine upon the sufficiency of any
proposed security, and in what manner the security shall be givell.

92 The amount of the periodical payments payable in respect of Pow!r to increase

maintenance, under any order made under this Act, may, by any amount.
subsequent orders made by a children's court, be increased or diminished
upon sufficient cause being shown to the satisfaction of the court.

93-(1) On the complaint of a near relative liable upon a mainten- Or'ders may he
ance order under this Act, all or any of the persons allP!!'_ ed 10 be near varied, &c., on
'-' further illquir:r.
rf'latives, may be summoned to appear befure a children's court.
(2) At the hearing, or at any adjourned hearing, the COUl't mav
make further inquiry as to the means and ability of the complainant,
and as to the relationship to the child of the persons summoned, and as
to their ability respectively to maintain or contribute towards the main-
tenance of such child, and may make such order increasing, reducing,
or varying the periodical sum to be thenceforth paid by the com-
plainant, or suspending for a specified time or annulling t.he previous
order, or directing that the persons so summoned, or some or one of
them, shall thenceforth pay for or contribute towards the maintenance
of the child, or may make such other order in the matter as to the court
seems just.

94 Subject to the provisions of a maintenance order, any ('fficer uf Co~lection by the

the Department, and any police officer when so directed by the Com- police of Illone.' ~
..
mlSSlOner 0 f P 0 l']Ce, may d eman,
d co 11 ect, an d receIVe
. from any person due to the
Director.
liable to pay the same all sums of money due to the Director under
any maintenance order, and the receipt ill writing of any such officer
for moneys paid to him shall be a sufficient dischaJ'ge therefor.

95 All complaints under this Part, except where otherwise pro- Who mav
vided, shall be made by the Director or an authorised officer. complain".
 1546 26° GEORGII V No 96.

A.D. 1935.
Infants' Welfare.

PART VU
FOSTER-MOTHERS AND NURSING HOMES.
All orders, &c., 96 All orders, registrations, registers, certificates, rolls, and notices
in force under
9 Geo. V. No. 15 in existence or in force under Part VII. of the Cltildrens' Act 19H1 at
to remain in the commencement of this Act shall, in so far as is not inconsistent
force. with this Act, continue as if they had been respectively made, effected,
kept, issued, or given under this Act.
Application of] 97 This Part shall not extend to-
this Part ..
I.The near relatives or lawful guardians of any child, nc>t
being a child of the State, retained or received by such
relati yes or guardians:
n. Any person or institution exempted for the time being from
the operation of this Part by special order of the Minister.

Interpretation. 98 In this Part" infant" means any-

I. Child of the State:
H. Infant under the age of five years who IS not a child of
the State.

Foster-mothers to 99-(1) No person shall receive into or retain in his care or charge
be licensed and in any house any infant foJ' the purpose of nursing or providing for
nursing homes
registered. such infant apart from its parents for a longer period than twenty-four
hours, unless such person is licensed for that purpose in respect of such
house, and such house is also registered as a nursing home under this
Act; or un less the Director being satisfied that it is a case of emer-
gency or necessity has given his approval in writing of such person so
doing.
Penalty: Twenty pounds.
Payments by (2) The. Director or any person authorised by him may receIve
Director for keep
of child. payment of any sum in advance for the keep and care of any such
child in a nursing home, and may payout such money in such
monthly instalments as he deems requisite.
(3) In case of the death of such child, any sum unexpended, after
payment of the funeral expenses of such child, shall be returned to
the person entitled to receive same.

Method of 100-(1) Any female person may apply to the Director to be

licensing and licensed as a foster-mother, and to have her home registered as a nursing'
registl'a tion.
home under this Part, and the Director may grant such licence and
register such nursing home.
Register to be (2) The Director shall cause a register to be kept, in which shall be
kept. entered-
1. The name of every person to whom a licence as a foster-
. mother has been granted:
It. The situation of the nursing home in respect of which the
licence has been granted:
 26° GEORGII V. No. 96.
Infants' Welfare.

Ill. The maximum number of children who may be nursed A.D. 1935.
therein: and
1V. Such other particulars as may be prescribed.
(3) Every ~uch licence and registration shall, unless cancelled under Duration ot
t.his Part, remain in force until the thirty-first day of December next licellce.
following the granting of the licence, but may be renewed annually in
the month of December in the year of any such renewal.
(4) No fee shall be payable for any such licence, registration or
renewal.
(5) Every renewal shall take effect from the first day of January Renewals.
following such renewal, and shall, unless cancelled under this Part,
remain in force for twel ve months.
(6) The Director shall issue under his band to every licensed foster- Issne 01 licence.
mother a licence and a certificate of tht' registration of the nursing
home and of any renewal of the same.
(7) The certificate in respect of the nursing home shall set out the
maximum number of infants permitted to be nursed therein.
101-(1) The Director may refuse to .licence any foster-mother or Director may
to renew any licence unless he il' satisfied that the applicant is of good refuse to license
any foster-
character, and alJle properly to nurse and provide for any infants in her mother.
care or charge, and is in good health and free from allY constitutional
disease or any pbysical or mental disability.
(2) The Director may refuse to register 01' renew the registration
of any nursing home, unless he is satisfied that the hOllse is suitable
for the purpose, and is situated in a suitable locality.
102 -(1) Every foster-mother shall keep at her nursmg home a Roll of nursing
roll, Gn which she shall forthwith enter- home.
I. The name, sex, and age of each infant received into her care
Of charge:
H. Opposite the name of each such infant, the date when such
infant was so received:
1II. The full names, addresses, and occupations of the parent.s. and
of the person by whom such infant was left with her, or
from whom it was received. and, if such lastmentioned
person was a married woman, the full name, address, and
occupation of the husband of such person: and
IV. Particulars of the periodical payments to be made in respect
of such infant and by whom they are to be made.
(~) Every foster-mother shall, forthwith on receiving any infant R.eceipt of infant
into her care or charge, forward a notice thereof to the Director. to be notified to
(3) In case of default in the making of any such periodical payments Director.
as abovementioned, the foster-mother shall, within three days after the
same became due, give written notice to the Director of such default.
(4) If any such infant is removed from such nursing home, whether
before or after attainining the age of fi ve years, such foster-mother shall,
immediately after such removal, enter in such roll the date of such
l"emoval and the full name, address, and occupation of the person by
whom the infant was so removed .
•
1548 26 GEORGTI V.
0
No. 96
Infants' Welfare.

A.D. 1935. (5) Every foster-mother shall cause the person by whom an
infant is removed to sign such entry, and shall forward to the Director
a copy thereof within three days after the removal of each infant.
Production of 1'011 (6) A foster-mother shall, forthwith upon demand by an officer of
to police officer. the Department or a police officer of or above the rank of sergeant,
produce such roll to such officer, who may examine and peruse the
same, and, jf he thinks proper, retain it.
Duty and respon- 103-( 1) It shall be the duty of every foster-mother to provide
sibility of foster-
mother. every infant, while in her care or charge, with proper and sufficient.
clothing, food, nursing, and attention, and with all other necessaries
of life, and to keep every part of The nursing home at all times in a fit
and proper state for the reception of infants, and to do, observe, and
carry out all the acts, requi.rements, and directions prescribed by this
Act or by any lawful order of the Director or authorised officer III
relation to the nursing home.
(2) The Director or authorised officer is hereby empowered to make
any such order having for its object the effectual execution of the
foregoing provisions of this section.
U3) Every such foster-mother shall, in respect of the conduct of her
nursing home, be responsible not only for her own acts or default but
also fur any act or default of any member of her family, or of any person
employed by her at or in connection with such nursing home.
Licences and 104-(1) If at any it is made to appear to the Director that any
registrations may foster-mother has been guilty of neglecting' any infant in her care
he cancelled.
or charge, or is incapable of providing' any such infant with proper
food or attention, or that the nursing home is unfit for the reception of
infants, or if for any other reason it appeari'l to the Director desirable
so to do, he may, after at least seven days' notice in writing, served by
leaving the same at the nursing home, cancel the licence of such person
and the registration of such nursing home.
Removal of (2) The Director shall immediately remove from such nUI'!'Iing home
children of the all children of the State aud place them in another nursing home, or
State.
make other adequate provision for them.
Order for removal (3) The Director may, at any time after giving such notice of can-
of other childre~.
cellation to any foster-mother, by urder in writing under his hand,
addressed to the person who is by contract or otherwise legally respon-
sible for the maintenance of any infant (not being a child of the State)
placed in the care of such foster-mother, require such person forth with to
remove such infant from the nursing home of such foster-mother, and
place it in another nursing homt>, or make other adequate pro-
vision for it, and, if the person so ordered, upon a copy of such order
being served upon him, fails forthwith to obey such order, he shall be
guilty of an offence against this Act.
Director may (4) The Director may at his discretion remove from any such nurs-
remove infailts ing home any infant (not being a child of the State), and the Depart-
not being children
of the State. ment may take it into its care temporarily, pending the restoration of
such infant to its relatives or guardians, or until it can be lawfully dis-
posed of; and in any such case the Director may recover the cost of .
 26° GEORGII V No. 96 1549
Infants' Welfare.

the removal, maintenance, and clothing of and medical attendance upon A.D. 1935.
such infant from any person responsible for the maintenance of such
infant.
(f5) The removal of any infant from the nursing home of any foster-
mother whose licence has been cancelled under this section shall termin-
ate allY contract made by any person with such foster-mother respect·
ing such infant.

105-(l) Every foster-mother shall, within twenty-four hours ~ otice to be given

after the death of an infaut in her care or charge, give or cause of death of infant;
inquest to be held
to be given notice thereof to the police officer in charge of the nearest and report made
police station, and thereupon an inquest shall be held. to Minister.
(2) The coroner holding such inquest shall inquire, not only into the
immediate canse of death, but into all such circumstances as may throw
any light upon the treatment and condition of the infant during life,
and also into any other matters in his opinion requiring investigation
in the public interest; and such coroner, after holding such inquest,
shall report to the Minister the cause of death, and shall in such
report make such remarks with respect to the matter as to him seem
fit.

106-0) Tbe Director or any officer of the Department, accom- Inspection.

panied, if necessary, by a legally-qualified medical practitioner,
may at any time enter and inspect any nursing home and inspect all
infants therein, and examine the foster-mother in order to satisfy
himself or the medical practitioner as to the proper care, main-
tenance, and treatment of any infant, and may give any necessary
advice or directions as to such care, maintenance, and treatment.
(2) One such inspection at least shall take place in every three
months.
(3) No person shall-
1. Refuse to admit the Director or an officer of the Depart- Penalty for
ment, or a medical practitioner accompanying either of refusing to
such officers, to any- permit inspection.
(a) Nursing home:
(b) Premises to which an infant has been removed from
a nursing home: or
Cc) Premises in which an infant so removed is detained:
or
H. Refm~e to answer, or shall answer falsely, any question put to
him by the Director or such officer or practitioner con-
cerning such nursing home, premises, or infant..
Penalty: Twenty pounds.
(4) The provisions of suhsections Cl) and (3) hereof shall apply in
respect of any child over the age of five years in the eare or eharge of
a person who, if such child were under that age, would be required
to be licensed under this Act before taking charge of such child.
1550 266 GEORGII V No. 96
Infants' Welfare.

A.D. 1935.
PART VIIi.
OFFENCES.
IIl-tt'eating 107 Any person over the age of sixteen having the custody care
childreu. or control of a male child under the age of fifteen, or of a female child
under the age of sixteen, wilfully ill-treats, neglects, abandons, or
exposes such child, or causes such child to be ill-treated, neglected,
abandoned, or exposed, shall be liahle to a penalty of twenty-five
pounds or to imprisonment for six months, or to both such penalties.

Ill-treatment of 108 Any person who wilfully ill-treats or neglects any child placed
children placed out with or apprenticed to him under this Act, or who causes such
out or appren-
ticed.
child to be ill-treated or neglected, shall be liahle to a penalty of twenty-
five pounds or to imprisonment for six months.

Restrictions on 109- Cl) No person shall cause or procu re any child under the
employment of age of-
children.
I. Fifteen years to be-
(a) In any public place for the purpose of begging, or
inducing the giving of, or receiving, alms,
whether or not nnder the pretence of singing,
playing, performing, offering anything for sale, or
otherwise : or
(b) In any street or in any premises licensed for the
sale of intoxicating liquor, for the purpose of
singing, playing, performing for profit, or offer-
ing anything for sale, between the hours of nine
of the clock in the afternoon of any day and five
of the clock the next following forenoon : or
11. Fourteen years to be at any time in any public place or in any
premises licensed for the sale of intoxicating liquor for the
purpose of singing, playing, or performing for profit, or to
be in any street between the hours of seven of the clock
in the afternoon of any day and six of the clock in the
next following forenoon for the purpose of offering any
thing for sale.
Penalty: Twenty-five pounds or three months' imprisonment.
\2) The provisions of subsection (I) shall not apply to any child
playing, singing, or performing at an occasional entertainment, the net
proceeds of which are applied wholly for the benefit of any school, or
or of any church or charity, or for any patriotic purpose.
Forgery of 110 No person shall-
licences, &c.
I. Knowingly furnish any false information to the Director
or any other person with reference to any matter with
respect to which he is required by this Act to furnish
information to the Director or such person:
 26(' GEOR)GTI V No 96. 1551
Infants' Welfare.

IL Forge any licence or certificate authorised to be issued A.D. 1935.'

under Part VII. :
1II. Fraudulently make use of any such licence or certificate
knowing the same to be forged: or
IV. Falsify any ron kept in pursuance of Part VII.
Penalty: Twenty-five pounds or three months' imprisonment.

111 No person shall- Removing,

harbouring, &c.,
I.Without the authority of the Minister, take or remove any State children.
child of the State from any institution before the expira-
tion of the period of detention of such child, or from its
foster-mother or foster-parent to or with whom such child
is apprenticed or placed out before the expiration of the
term of placing out or apprenticeship:
n. Directly or indirectly counsel or induce any child of the
State to abscond from any institution, or to break his
apprenticeship indentures, ~r to abscond or escape from
his foster-mother or foster-parent before such child has
been regularly discharged, or before the expiration of such
placing out or apprenticeship:
Ill. Prevent any child of the State from returning to any insti-
tution or to his foster-mother or foster-parent, or knowing
any child of the State to have been so taken or removed
as aforesaid, or to have so absconded or escaped as afore-
said, harbour or conceal, or assist in harbouring or con-
cealing, such child:
IV. Being an officer or servant of the Department or of the
managers of an institution, negligently or knowingly
. permit any inmate to abscond or escape as aforesaid: . .
v. Without the authority or permission of' the Director or of Commumcatmg
the managers of an institution, as the case may b~, hold ~ittl~tcht5Idr.n in
.. .h . InS 1 U IOns.
any commuDlcatIOn WIt any mmate :
VI. Having entered any institution or any premises belonging
thereto or used in connection therewith, fail to depart
therefrom when lawfully required so to do by the super-
intendent, matron, or any officer or servant of such institu-
tion: or
VII. Without the previous permission in writing of the Minister
remove any child of the State out of Tasmania, or suffer
such child to be removed out of Tasmania.
Penalty: Under paragraphs I. to IV. or VII. : Twenty pounds or six
months' imprisonment; Under paragraphs v. or VI. : Twenty pounds.

112-(1) No person sha11- Disobeying

maintenance
I. Refuse, fail, or neglect to comply with any maintenance order.
order made against him under this Act, or leave or attempt
to leave the State without making arrangements for future
payments to the satisfaction of the Director: or
 1552 26 GEORG II V.
0 No. 96
In/ants' Wel/are.

A.D. 1935. 11. Being a near relative liable to maintain any child-
Ca) Desert such child: or
Del'ertion of (b) Leave such child without, or fail to provide him
child.
with, adequate means of support.
Penalty: Six months' imprisonment.
Court may (2) Upon the hearing of a complaint under this section, the court,
determine matter
in summary way . if satisfied that the child has been, or is about to be, deserted by the
person complained against, or is actually without adequate means of
support, and that such person is a near relative of such child, liable and
able to contribute towards his mllintenance, may order such person,
either immediately or at some adjournment, to find good and sufficient
security to the satisfaction of the court; that he will not desert or leave
such child without adequate means of support.
(3) The court, in default of such security being found, may commit
such person to prison for any period not exceeding six months, or until
such order ue sooner romplied with.
Court may iseue (4) Upon complaint on oath by the Director, or any other officer of
warrant for arrest the Department, that he has reasonable grounds for believing that any
of deserter upon
complaint on oath.
person has committed or is about to commit an offence under this section,
allY justice, if satisfied that there are reasonable grounds for believing
that such offence has been or is about to be committed, may issue a
warrant for the arrest of the person complained against.

General penalty. 113 Any person who contravenes or makes default in compliance
with any provision of this Act or any order made by the court there-
under for which contravention or default no penalty is specifically
provided, shall be liable to a penalty of )wenty pounds or to imprison-
ment for three months.

PART IX.
MISCELLAN EO US.
Children main- 114-(1) Where any destitute or neglected child has been, without
tained in certified
institution for objection on the part of its father or other guardian, received into
two years without any certified institution and maintained therein for a period of two
objection by years or upwards, such father or other guardian shall not be entitled to
father not re- remove such child out of the custody or control of the managers of
movable without such institution without their consent in writing or the order of the
consent or ordel'.
Minister, which may be given if such father or guardian satisfies the
Minister that he did not know that such child was being so maintained,
and that he has' not been guilty of negligence with regard to such
chi id whilst it has been so maintained.
(2) If no such consent is given the managers of such institution
shaH have the custody of the person of such child until it attains the
age of eighteen years.
 26- GEORGII VNo 96 1553
Infants' Welfare.

115 At the hearing of any complaint under this Act, anyone A.D. 1936.
officer of the Department or anyone probation officer may be present,
and may examine and cross-examine witnesses, and be heard touching Officer of Depart-
the acquittal or punishment of any child. ment may take
part in all trials
against children.
116 If contrary to the provisions of this Act any committal order, Order may be
or conviction is made or entered by a children's court in respect of a set aside.
child in the absence uf his parent or guardian, to whom reasonable
notice of the complaint has not been given, such committal order, or
conviction may for good cause shown be set aside by the same or
another children's court upon the application of such parent or
guardian within three months after the making or entering of the
committal order, or conviction.

117-(1) An order committing a child to an inst.itution, or remov- Order to be

ing a child from one institution to another, shall be forwarded to the forwarded to
superintendent of the institution to which the child has been committed institution.
and shall be a sufficient warrant for the detention of the child.
(~) The production of- Certain orders
and copies to be
I. Any such order or a copy thereof endorsed with a memoran- evidence.
dum purporting to be signed by the superintendent or
matron of any institution, stating the child named in such
order was duly received into, and is at the time of the
signing thereof detained in, such institution, or has been
otherwise disposed of according to law: or
H. Any-order made under this Act, or a copy thereof purporting
to be signed by the clerk of the children's court by which
the same was made or by the Director in case of a removal
order and certified to be a correct copy:"'-
shall, without proof of the signature of the person purporting to have
signed the same, be evidence of the due making and signing of such
order, memorandum, or certificate, and of the committal, detention, and
identity of the child, and of the identity of the parent named in such
order or memorandum.

118 If it be made to appear to any justice by complaint on oath Search warrant.

that there is reason to believe that any person is offending against this
Act in any house or premises, or that any provision of this Act is being
infringed in any house or premises, such justice may issue his warrant
authorising any member or members of the police force to search any
house or premises therein named, at any hour of the day or night, for
the purpose of ascertaining whether there is or has been therein or
thereon an infringement of this Act.

119 Every person authorised to take charge of any child ordered to Persons in charge
be detained under this Act, for the purpose of conveying such child to of State children
or f rom any . ..
InstItutIOn, .
or to a foster-mot her or Closter-parent, sa,
h 11 to have privilege
of constables.
'15b4 26° GEORGII V. No. 96.
In/ants' Wel/are.

A.D. 1935. while engaged in such duty, have all such powers, authorities, protec-
tion, and privileges for the purpose of the execution of his duty as any
police officer has by common law 01' statute.

Proof of age. 120 In cases where the age of any person is material, a children's
court or any other court having jurisdiction in the case may decide, upon
its own view and judgment, whether any person charged or present
before it has or has not attained any prescribed age, but nothing herein
shall be construed to prevent the age of such person being proved.
Limit of costs to 121 Where a child is himself ordered bya children's court to pay costs
be paid by child.
in addition to a penalty, the amount of the costs so ordered to be paid
shall in no case exceed the amount of the penalty, and (except ~o far as
the court thinks fit expressly to order otherwise) all fees payable or
paid by the complainant in excess of the amount of costs so ordered to
be paid shall be remitted or repaid to him, and the court may also
order the penalty, or any parl thereof, to be paid to the complainant in
or towards the payment of his costs.

Costs. 122 No costs shall be ordered against the Director or other officer
of the Department in any proceedings taken under this Act if the court
having cognisance thereof is of opinion that the Director or other
officer has acted in good faith in his official capacity.

Expenses of 123 All expenses incurred in administering, carrying out, and

adminiltration. enforcing the provisions of this Act shall be defrayed out of moneys to
be provided by Parliament for the purpose.
Act to be con- 124 This Act shall be liberally construed to the end that its purpose
strued liberally. may be carrjed out, to wit, that the care and custody and discipline of
a child of the State shall approximate as nearly as may be that which
should be given by its parents, and that, as far as is practicable and
expedient, every ju velJile delinquent shall be treated, not as a criminal,
but as a misdirected and ·misguided child, and one needing aid,
encouragement, help, and assistance.

PART X.
REGULA.TIONS AN 0 FORMS.
Regulations. 125 The Governor may make regulations for the purposes of this
Act.

Forms. 126 Where any form is required to be used under this ~ct, and no
appropriate form is prescribed, a form approved by the DIrector, and
which substantially complies with the relevant provisions, may, until a
form is prescribed, be used and shall be sufficient for its purpose.
 :,ui G l~U H,G11 V.
O No. 96. 1555
--_._-------

Infants' Welfare.
--------------.- ------_. ---------------

A.D. 1935.
THE FIRST SCHEDULE.
Section 2.

Regnal Year and

Number. Title of Act.

59 Vict. No. 10 The Prevention of Cruelty to, and Protection of,

Children Act 1895
9 Geo. V. No. 15 The Children's Act 1918
12 Geo. V. No. 62 The Children's Charter Act 1921
13 Geo. V. No. 21 The Children's Charter Act 1923

THE SECOND SCHEDULE. Section 14.

The Ashley Home for Boys, Deloraine.

The New Town Rest Home.
The Receiving Home at Hobart.
The Receiving Home at Launceston.
The Home for Mental Defectives, New Town.

THE THIRD SCHEDULE. Section 15.

The St. Joseph's Roman Catholic Orphanage, Hobart.

The Kennerley Boys' Home, Hobart.
The Girls' Industrial School, Hobart.
The Girls' Home, Launceston.
rfhe Northern Tasmanian Home for Boys.

W ALTER E. SHIMMINS,
GOVERNMENT PRIN'l'ER, TASMANIA.
•
;