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CHILD WELFARE ACT 1947

This legislation has been repealed.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
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