Western Australian Repealed Acts

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This legislation has been repealed.

CHILD WELFARE ACT 1947


TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   3A.     Principle -- interests of child paramount  
   4.      Interpretation  

   PART II -- Administrative provisions  

   6.      Duty of Director-General  
   7.      Inspectors and other officers  
   8.      Visitors  
   9A.     Delegation  
   9B.     Review of decision of delegate  
   10.     General powers of Director-General  
   10A.    General function of the Director-General  
   10B.    Director-General may delegate and sub-delegate  
   10C.    Exchange of information  
   11.     Records to be kept  
   12.     Application of Financial Administration and Audit Act 1985  

   PART III -- Facilities  

   13.     Departmental facilities  
   14.     Subsidized facilities and voluntary facilities  
   15.     Declaration of subsidized facilities  
   16.     Manager to be approved  
   17.     Maintenance by religious denominations  
   18.     Judges, magistrates and members may visit centres  
   18A.    Visits by officers of Department  

   PART IV -- Wards and children under Departmental control  

   28.     Remand for observation  
           Children in Need of Care and Protection and Uncontrolled Children  
   29.     Power to apprehend child in need of care and protection  
   30.     Powers of court with respect to children in need of care and protection  
   31.     Order for detention  
   31A.    Punishment for misconduct or neglect causing a child to be in need of care and protection  
   32.     How an uncontrolled child may be dealt with  
           General Provisions  
   40A.    Orders for maintenance of wards  
   43.     Form of order  
   44.     Statement of age and religion to be prima facie evidence  
   44A.    Director-General to give child a name  
   45.     Certificate of person in charge of detention centre, etc., indorsed on order to be prima facie evidence  
   46.     Absconders may be apprehended without warrant  
   47.     Minister may release child  
   47A.    Authority for Minister to commit child to care of Department  
   47B.    Minister may commit to Departmental care a child left without parents, etc.  
   47C.    Parents may apply for committal of child  
   49.     Minister may extend committal  
   50.     Power to sign documents  
   52.     Wards to attend school regularly  
   54.     Wages may be paid into a savings bank  
   55.     Moneys banked may be expended for child’s benefit  
   56.     Director-General may recover wages  
   60.     Change of residence to be notified by foster-parent  
   61.     Notice to be given in certain cases  
   64.     Placed out children to be visited  
   65.     Minister may pay for maintenance of child  
   66.     Payments for maintenance of children to foster-parent  
   66A.    Reciprocity between States as to care of wards and children under control of Department  
   66B.    Restriction on removal of children out of the State  
   66C.    Director-General may assist children of absent parents  
   66D.    Recovery of certain moneys  
   67.     Warrant to apprehend certain children  
   68.     Applying for warrant  

   PART VII -- Restrictions on employment of children  

   106.    Definition  
   107.    Supply of false information to employers an offence  
   107A.   Street trading  
   107B.   Employment other than street trading  
   107C.   Proceedings against employers may be taken by industrial inspectors  
   108.    Restriction on employment of children for indecent purposes  
   109.    Power for Director-General or authorised officer to enter certain places  

   PART VIII -- Lying-in homes, the care, charge or custody of children, and the adoption of children  

   110.    Power to assist women in lying-in homes  
   111.    Foster-parents to be licensed  
   112.    Department may license foster-parents  
   113.    Penalty for unlicensed foster-parents  
   114.    Exceeding licensed numbers  
   115.    Lying-in homes to be open for inspection  
   117.    Register to be kept by foster-parents  
   120.    Person taking entire charge of child to give notice to Director-General  

   PART VIIIA -- Transfer of child protection orders and proceedings  

           Division 1 -- Preliminary  

   120A.   Purpose of PART  
   120B.   Interpretation  

           Division 2 -- Transfer of child protection orders  

              Subdivision 1 -- Administrative transfers  

   120C.   When Director-General may transfer order  
   120D.   Director-General to have regard to certain matters  
   120E.   Notification of decision to transfer  
   120F.   Limited period for review of decision  

              Subdivision 2 -- Judicial transfers  

   120G.   When court may transfer order  
   120H.   Service of application  
   120I.   Court to have regard to certain matters  
   120J.   Type of order  
   120K.   Court shall consider report from the Director-General  
   120L.   Appeals  

           Division 3 -- Transfer of child protection proceedings  

   120M.   When court may make order under this Division  
   120N.   Service of application  
   120O.   Court to have regard to certain matters  
   120P.   Interim order  
   120Q.   Appeals  

           Division 4 -- Registration  

   120R.   Filing of interstate orders in the court  
   120S.   Registration of interstate orders  
   120T.   Notification by registrar of court  
   120U.   Effect of registration  
   120V.   Revocation of registration  

           Division 5 -- Miscellaneous  

   120W.   Effect of registration of transferred order  
   120X.   Transfer of court file  
   120Y.   Hearing and determination of transferred proceeding  
   120Z.   Disclosure of information  
   120ZA.  Discretion of Director-General to consent to transfer  
   120ZB.  Evidence of consent of relevant interstate officer  

   PART IX -- Procedure, penalties, and general provisions  

   122.    Person appointed by Minister may conduct cases where complaint made  
   125.    Interfering with wards or children placed under control of the Department an offence  
   127.    Communicating with children in Departmental centres, etc. an offence  
   128.    Offence to permit escape  
   130.    Offence of deserting children  
   130A.   Parents who leave the State  
   138A.   Tattooing  
   138B.   Immediate care  
   142.    General penalty  
   145.    Order to be a defence to actions  
   146A.   Entry of premises  
   146B.   Personation of officers of Department an offence  
   146C.   Exemption from personal liability  
   149.    Regulations  
           SECOND SCHEDULE
           Compilation table


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