Child Care Act 1960
[Long Title Amended by No. 21 of 1973, s. 5 and Sched. 1 ]An Act to consolidate and amend certain enactments relating to children
[Royal Assent 5 December 1960]
Be it enacted 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:
PART I - Preliminary
1. Short title and commencement
(1) [Section 1 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] This Act may be cited as the Child Care Act 1960 .(2) This Act shall commence on a date to be fixed by proclamation.
The Infants' Welfare Act 1935 is repealed.
(1) [Section 3 Subsection (1) amended by No. 56 of 1963, s. 2 ][Section 3 Subsection (1) amended by No. 21 of 1973, s. 5 and Sched. 1 ][Section 3 Subsection (1) amended by No. 36 of 1974, s. 12 and Sched. 1 ][Section 3 Subsection (1) amended by No. 70 of 1982, s. 4 and s. 7 and Sched. 1 ]In this Act, unless the contrary intention appears –[Section 3 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000][Section 3 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] authorized officer means a person authorized in writing by the Secretary;child means a person who has not attained the age of 17 years;[Section 3 Subsection (1) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 3 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000]home means any premises in respect of which a children's boarding home licence is in force under this Act;[Section 3 Subsection (1) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000]infant means a person who has not attained the age of 7 years;[Section 3 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000]licence means a children's boarding home licence or a day nursery licence in force under this Act;licensee means a person holding a licence, and, when used in relation to a licence or to a home or nursery, the person holding that licence or the licence in force in respect of that home or nursery (as the case may be);nursery means any premises in respect of which a day nursery licence is in force under this Act;[Section 3 Subsection (1) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 3 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000]relative, when used in relation to an infant, means a parent or legal guardian of the infant, or any person who is a grandparent, brother, sister, uncle, or aunt of the infant, whether by consanguinity or affinity, or in consequence of adoption;[Section 3 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] Secretary means Secretary of the Department.(2) [Section 3 Subsection (2) omitted by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . .(3) [Section 3 Subsection (3) omitted by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . .
PART II - Administration[Section 4 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 4 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 5 Subsection (3) substituted by No. 5 of 1990, s. 3 and Sched. 1 ][Section 5 Subsection (4) substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 5 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 6 Subsection (1) substituted by No. 5 of 1990, s. 3 and Sched. 1 ][Section 6 Subsection (2) amended by No. 70 of 1982, s. 5 ][Section 6 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 6 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 7 Subsection (1) substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 7 Subsection (6) amended by No. 55 of 1965, s. 5 ][Section 7 Subsection (6) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 7 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 8 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 9 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 10 Subsection (2) amended by No. 41 of 1961, s. 5 and Sched. 4 ][Section 10 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 11 Amended by No. 41 of 1961, s. 5 and Sched. 4 ][Section 11 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . .
12. Expenses of administration
The expenses incurred in the administration of this Act shall be defrayed out of moneys provided by Parliament for the purpose.
PART III - . . . . . . . .[Part III Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000]
Division I - . . . . . . . .[Division I of Part III Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] [Section 13 Subsection (1) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 13 Subsection (2) omitted by No. 45 of 1987, s. 21 and Sched. 1 ][Section 13 Subsection (4) substituted by No. 56 of 1963, s. 3 ][Section 13 Subsection (4) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 13 Subsection (5) substituted by No. 56 of 1963, s. 3 ][Section 13 Subsection (5A) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 13 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 14 Subsection (1) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 14 Subsection (6) amended by No. 70 of 1982, s. 7 and Sched. 1 ][Section 14 Subsection (6) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 14 Repealed by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 14 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 15 Subsection (1) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 15 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 16 Subsection (1) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 16 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 17 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 17 Subsection (4) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 17 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 18 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 18 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 18 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 18 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 18 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . .
Division II - . . . . . . . .[Division II of Part III Repealed by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Division II of Part III Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] [Section 19 Subsection (1) omitted by No. 72 of 1995, s. 17 ][Section 19 Subsection (4) omitted by No. 10 of 1994, s. 4 ][Section 19 Subsection (10) omitted by No. 72 of 1995, s. 17 ][Section 19 Repealed by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 19 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 20 Repealed by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 20 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 21 Subsection (1) amended by No. 56 of 1963, s. 4 ][Section 21 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 21 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 21 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 21 Subsection (4) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 21 Repealed by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 21 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 22 Subsection (1) amended by No. 41 of 1961, s. 6 and Sched. 5 ][Section 22 Subsection (1) amended by No. 70 of 1982, s. 7 and Sched. 1 ][Section 22 Repealed by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 22 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 23 Subsection (1A) inserted by No. 56 of 1963, s. 5 ][Section 23 Repealed by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 23 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 24 Repealed by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 24 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 25 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 25 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 25 Repealed by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 25 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 26 Repealed by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 26 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 27 Subsection (2) amended by No. 17 of 1993, s. 4 ][Section 27 Subsection (4) amended by No. 41 of 1961, s. 5 and Sched. 4 ][Section 27 Subsection (6) amended by No. 55 of 1965, s. 5 ][Section 27 Subsection (6) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 27 Repealed by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 27 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 28 Subsection (1) amended by No. 56 of 1963, s. 6 ][Section 28 Subsection (2) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 28 Repealed by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 28 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 29 Repealed by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 29 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 29A Inserted by No. 56 of 1963, s. 7 ][Section 29A Repealed by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 29A Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 30 Repealed by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 30 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . .
Division III - . . . . . . . .[Division III of Part III Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] [Section 31 Subsection (1) amended by No. 56 of 1963, s. 8 ][Section 31 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 32 Subsection (1) amended by No. 56 of 1963, s. 9 ][Section 32 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 33 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 33A Inserted by No. 36 of 1982, s. 2 ][Section 33A Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 34 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 35 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . .
Division IV - . . . . . . . .[Division IV of Part III Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] [Section 36 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 37 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . .
Division V - . . . . . . . .[Division V of Part III Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] [Section 38 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 39 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 40 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 41 Subsection (2) amended by No. 56 of 1963, s. 10 ][Section 41 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 41 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 41 Subsection (2) omitted by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 41 Subsection (2A) inserted by No. 56 of 1963, s. 10 ][Section 41 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 42 Subsection (1) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 42 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 43 Subsection (1) amended by No. 41 of 1961, s. 5 and Sched. 4 ][Section 43 Subsection (2) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 43 Subsection (2) amended by No. 41 of 1961, s. 5 and Sched. 4 ][Section 43 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 43 Subsection (3) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 43 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 44 Subsection (2) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 44 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . .
PART IV - . . . . . . . .[Part IV Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] [Section 45 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 46 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 47 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 47 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 47 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 47 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 47 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 47 Subsection (3) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 47 Subsection (5) amended by No. 55 of 1965, s. 5 ][Section 47 Subsection (5) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 47 Subsection (6) amended by No. 55 of 1965, s. 5 ][Section 47 Subsection (6) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 47 Subsection (7) amended by No. 55 of 1965, s. 5 ][Section 47 Subsection (7) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 47 Subsection (8) amended by No. 55 of 1965, s. 5 ][Section 47 Subsection (8) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 47 Subsection (9) amended by No. 55 of 1965, s. 5 ][Section 47 Subsection (9) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 47 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 48 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 49 Subsection (2) amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] [Section 49 Subsection (3) amended by No. 21 of 1973, s. 5 and Sched. 1 ][Section 49 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 50 Subsection (1) amended by No. 20 of 1995, s. 5 and Sched. 3 ][Section 50 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . .
PART V - . . . . . . . .[Part V Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] [Section 51 Subsection (1) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 51 Subsection (2) amended by No. 36 of 1974, s. 12 and Sched. 1 ][Section 51 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 52 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 53 Subsection (1) substituted by No. 36 of 1967, s. 128 and Sched. 1 ][Section 53 Subsection (4) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 53 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . .
PART VI - Children's Boarding Homes and Day Nurseries
54. Licences for children's boarding homes and day nurseries
(1) [Section 54 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] For the purposes of this Part, and subject to the provisions thereof, the Secretary may grant or renew–(a) children's boarding home licences; and(b) day nursery licences.(2) A licence shall be in the prescribed form and shall specify the person by whom it is held and the premises to which it relates.(3) A licence expires, unless it is renewed or further renewed, on 30th June next after the date on which it was granted or last renewed.
55. Grant, renewal and surrender of licences
(1) [Section 55 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] An application for the grant or renewal of a licence shall be made in writing to the Secretary and shall contain such particulars as may be prescribed.(2) [Section 55 Subsection (2) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] On an application, in accordance with this section for the grant or renewal of a licence, the Secretary shall grant or renew the licence, unless he considers–(a) that the applicant is not a fit and proper person to hold the licence;(b) that, for reasons connected with the situation, construction, state of repair, accommodation, staffing, or equipment thereof, the premises to which the application relates are unsuitable for use for the care of any infants who may be accommodated on the premises if the licence is granted or renewed; or(c) that the way in which it is proposed to conduct the premises is such as would not provide the services or facilities reasonably required for the care of any infants who may be accommodated on the premises if the licence is granted or renewed.(3) [Section 55 Subsection (3) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] On the surrender to the Secretary of his licence by a licensee the licence ceases to have effect.(4) [Section 55 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 55 Subsection (4) amended by No. 67 of 1994, s. 3 and Sched. 1 ]No person shall, by any wilful misrepresentation, procure for himself or any other person or attempt to procure for himself or any other person the grant or renewal of a licence.Penalty: Fine not exceeding 0·5 penalty unit.
56. Requirements as to management, &c., of homes and nurseries
(1) [Section 56 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] The Secretary may by order–(a) require that no greater number of children shall be accommodated in a home or nursery than may be specified in the order; or(b) require that no greater number of children, of such sexes or of such ages as may be specified in the order, shall be accommodated in a home or nursery than may be specified in the order.(2) [Section 56 Subsection (2) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] The Secretary may by order impose requirements for securing–(a) [Section 56 Subsection (2) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] that a person with such qualifications as may be specified in the order or approved by the Secretary shall be in charge of a home or nursery and of the persons employed thereat;(b) that a home or nursery is adequately staffed, both as respects the number and as respects the qualifications or experience of the persons employed thereat, and adequately equipped;(c) that the home or nursery and the equipment thereof is properly maintained; and(d) that the home or nursery is conducted in such a manner as to provide proper care and maintenance, in safe conditions, for the infants who may be accommodated therein.(3) [Section 56 Subsection (3) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] An order under this section may be varied or revoked by a subsequent order of the Secretary.(4) An order under this section is of no effect until it is served on the licensee of the home or nursery to which it relates.
57. Records at homes and nurseries
(1) [Section 57 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] The Secretary may by order require a licensee to keep or cause to be kept, in such manner as may be specified in the order or as may be approved by the Secretary, a record showing, in respect of each infant received into the home or nursery, such of the following particulars as may be specified in the order:(a) His name, sex, and age;(b) The name, the address of the place of abode, and the occupation of his parents, of the person from whom he was so received into the home or nursery and, if that person was a married woman, of her husband;(c) The date on which he was so received and the date on which he was removed from the home or nursery; and(d) Particulars of any reward or other consideration received or promised in respect of his accommodation or care in the home or nursery.(2) [Section 57 Subsection (2) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] An order under this section may be varied or revoked by a subsequent order of the Secretary.(3) An order under this section is of no effect until it is served on the licensee to whom it is directed.(4) Nothing in this section requires a record to be kept after the expiration of two years from the date of the last making of any entry therein.(5) [Section 57 Subsection (5) amended by No. 55 of 1965, s. 5 ][Section 57 Subsection (5) amended by No. 67 of 1994, s. 3 and Sched. 1 ]A licensee who fails to keep, or cause to be kept, at the home or nursery a record that complies with the requirements of an order made under this section is guilty of an offence.Penalty: Fine not exceeding 0·5 penalty unit or imprisonment for a term not exceeding 3 months.(6) [Section 57 Subsection (6) amended by No. 55 of 1965, s. 5 ][Section 57 Subsection (6) amended by No. 67 of 1994, s. 3 and Sched. 1 ]Any person who makes or causes or allows to be made, in a record kept for the purposes of this section, an entry which he knows to be false or does not believe to be true is guilty of an offence.Penalty: Fine not exceeding 0·5 penalty unit or imprisonment for a term not exceeding 3 months.(7) [Section 57 Subsection (7) amended by No. 55 of 1965, s. 5 ][Section 57 Subsection (7) amended by No. 67 of 1994, s. 3 and Sched. 1 ]When an infant is removed from a home, or where any person who, when he was received into a home, was an infant, is removed from a home the licensee shall require the person by whom he is removed to sign any entry recording the removal of that infant or other person required to be made in any record required to be kept under this section.Penalty: Fine not exceeding 0·5 penalty unit.(8) [Section 57 Subsection (8) amended by No. 55 of 1965, s. 5 ][Section 57 Subsection (8) amended by No. 67 of 1994, s. 3 and Sched. 1 ]A person who fails to comply with a requirement made by a licensee under subsection (7) is guilty of an offence.Penalty: Fine not exceeding 0·5 penalty unit.
58. Notifications to Secretary
(1) [Section 58 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] [Section 58 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 58 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ]A licensee shall, within 3 days after an infant has been received into a home, notify the Secretary of the fact.Penalty: Fine not exceeding 0·5 penalty unit.(2) [Section 58 Subsection (2) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] [Section 58 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 58 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ]When an infant is removed from a home or where any person who, when he was received into a home was an infant, is removed from that home, the licensee shall, within 3 days after the removal of that infant or other person, notify the Secretary of the fact.Penalty: Fine not exceeding 0·5 penalty unit.
59. Deaths in homes and nurseries
(1) [Section 59 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] [Section 59 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 59 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ]If an infant dies in a home or nursery the licensee shall as soon as is practicable, and, in any case, not later than 24 hours after the death, notify the Secretary of the fact.Penalty: Fine not exceeding 0·5 penalty unit.(2) [Section 59 Subsection (2) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] The Secretary shall, as soon as practicable, inform a coroner of any notification made to him under subsection (1) .(3) For the purposes of this section an infant shall be deemed to be in a home or nursery at any time at which, having been received into the home or nursery, he is in the care or charge of the licensee or of any person acting under the directions of, or in accordance with an authority granted by, the licensee.
60. Inspection of homes and nurseries
(1) [Section 60 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] As far as is practicable, the Secretary shall cause each home and nursery to be inspected at least once in each period of 3 months.(2) [Section 60 Subsection (2) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] The Secretary or an authorized officer, accompanied if the Secretary or that officer thinks fit, by a legally qualified medical practitioner, at any reasonable hour, may enter a home or nursery and may–(a) inspect the home or nursery and the equipment thereof;(b) inspect the children therein and cause them to be examined by the medical practitioner;(c) require the licensee to give any information he may have with respect to the children therein or with respect to the management of the home or nursery; and(d) require the production of, and inspect, the record required to be kept in the home or nursery under section 57 and, if he thinks fit, retain it.(3) [Section 60 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 60 Subsection (3) amended by No. 67 of 1994, s. 3 and Sched. 1 ]A person –is guilty of an offence under this Act.(a) [Section 60 Subsection (3) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] who obstructs the Secretary or an authorized officer in the exercise of his powers under this section;(b) [Section 60 Subsection (3) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] who refuses to comply with a requirement made by the Secretary or an authorized officer under this section; or(c) [Section 60 Subsection (3) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] on being required under this section by the Secretary or an authorized officer to give any information, wilfully gives any information that is false or misleading–Penalty: Fine not exceeding 0·5 penalty unit.
61. Payments for children in homes
(1) [Section 61 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] The Secretary may receive any sums tendered to him for the care or maintenance of an infant in a home, and may pay those sums or any part thereof at such times as he may think fit to the licensee of that home.(2) [Section 61 Subsection (2) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] On the death of a person in respect of whose care or maintenance in a home the Secretary has received any sums under this section, the Secretary may apply so much of those sums as remain in his hands towards the expenses of the burial or cremation of that person.
(1) [Section 62 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] The Secretary, after giving at least 7 days' notice to the licensee of his intention so to do, may revoke a licence–(a) if the licensee has been convicted of an offence under this Act or of an offence committed with respect to the home or nursery or any child received or accommodated therein;(b) if the licensee has contravened or failed to comply with the provisions of this Part in respect of the home or nursery;(c) if there has been a contravention of, or failure to comply with, any requirement imposed under section 56 with respect to the home or nursery; or(d) [Section 62 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] if it appears to the Secretary that circumstances exist which would justify him in refusing to renew the licence, if it had been due for renewal.(2) [Section 62 Subsection (2) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] Where the Secretary serves notice under this section on a licensee of a home of his intention to revoke the licence he may, at any time thereafter, serve notice on any person who has placed, or caused to be placed, an infant in the home to remove the infant from the home within such time as may be specified in the notice, and to take him to some place where adequate provision may be made for his care and maintenance.(3) [Section 62 Subsection (3) amended by No. 55 of 1965, s. 5 ]A person who fails to comply with a notice served on him under subsection (2) is guilty of an offence.Penalty: Fine not exceeding 0·5 penalty unit.(4) [Section 62 Subsection (4) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] Where the Secretary serves a notice under this section on a licensee of a home of his intention to revoke the licence he may, at any time thereafter, remove any infant from the home and make such arrangements as he thinks proper for the care and maintenance of the infant until he can be placed in the care of his parent or some person who is willing to take care of him or until he can otherwise be dealt with under this Act.(5) [Section 62 Subsection (5) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] The Secretary may recover the expenses reasonably incurred by him under subsection (4) in respect of an infant from any person who would by virtue of section 51 be liable to make contributions to the maintenance of that infant if he had become a ward of the State on his removal from the home.
[Section 63 Amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] The Secretary shall keep, or cause to be kept, in such manner as may be prescribed or, if no manner is prescribed, in such manner as he thinks proper, a record of the licences granted under this Part and of the renewal, surrender and revocation of those licences, and of such other particulars with respect to the homes or nurseries to which they relate as may be prescribed.
64. Unauthorized accommodation, &c., of infants
(1) [Section 64 Subsection (1) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] Where the Secretary is satisfied that an infant has been accommodated, otherwise than in the care or charge of a relative, on any premises, other than a home, for a period of longer than 24 hours and that, having regard to the character of the occupier of the premises or the person who appears to have the care or charge of that infant while he is so accommodated or to the condition of the premises or the purposes for which, or the manner in which they are used, it is undesirable that that infant or that any infants unless he or they are in the care or charge of a relative, should be accommodated on those premises for a period of longer than 24 hours, or be placed in the care or charge of that occupier or that person, he may serve either or both of the following notices, namely:(a) A notice in writing on the occupier of the premises or on that person prohibiting any infant from being accommodated on those premises for a period of longer than 24 hours, unless while being so accommodated the infant is in the care or charge of a relative; or(b) A notice in writing on that occupier or that person prohibiting him from having the care or charge of an infant of whom he is not a relative.(2) [Section 64 Subsection (2) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] The Secretary may withdraw a notice served under this section.(3) [Section 64 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 64 Subsection (3) amended by No. 67 of 1994, s. 3 and Sched. 1 ]Where a notice is served under subsection (1) (a) in respect of any premises and has not been withdrawn, no person shall accommodate an infant, or cause or allow an infant to be accommodated on those premises, for a period of longer than 24 hours, unless while being so accommodated the infant is in the care or charge of a relative.Penalty: Fine not exceeding 0·5 penalty unit.(4) [Section 64 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 64 Subsection (4) amended by No. 67 of 1994, s. 3 and Sched. 1 ]Where a notice is served under subsection (1) (b) on any person, and has not been withdrawn –(a) that person shall not have in his care or charge an infant of whom he is not a relative; and(b) no person shall place, or cause or allow to be placed or to remain, in the care or charge of the person on whom the notice was served, an infant of whom the person on whom that notice was served is not a relative.Penalty: Fine not exceeding 0·5 penalty unit.(5) [Section 64 Subsection (5) amended by No. 55 of 1965, s. 5 ][Section 64 Subsection (5) amended by No. 67 of 1994, s. 3 and Sched. 1 ]No person shall receive an infant into any premises or have an infant in his care or charge on any premises, if any reward is given or promised for so receiving, or having the care or charge of, the infant, unless that person is a relative of the infant or holds a licence in respect of those premises.Penalty: Fine not exceeding 0·5 penalty unit.(6) [Section 64 Subsection (6) amended by No. 55 of 1965, s. 5 ][Section 64 Subsection (6) amended by No. 67 of 1994, s. 3 and Sched. 1 ]No person shall place an infant, or cause or allow an infant to be placed, or to remain in the care or charge of any other person, otherwise than in the premises in which the infant ordinarily resides, if any reward is given or promised for that care or charge, unless the person in whose care or charge the infant is placed or remains is –(a) a relative of the infant; or(b) a licensee who has undertaken to take care or charge of the infant in a home or nursery of which he is the licensee.Penalty: Fine not exceeding 0·5 penalty unit.(7) [Section 64 Subsection (7) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] No proceedings shall be taken for an offence committed, or alleged to have been committed, under this section except with the consent of the Minister, given on the recommendation of the Secretary, but in any such proceedings it shall not be necessary to prove that that consent has been given unless evidence to the contrary is given.(8) [Section 64 Subsection (8) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] Nothing in this section prohibits any person from having, with the approval of the Secretary, the care or charge of an infant.(9) [Section 64 Subsection (9) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] The Secretary shall not give his approval for the purposes of subsection (8) unless he is satisfied that the giving of his approval would not be contrary to the interests of the infant.(10) [Section 64 Subsection (10) amended by No. 68 of 1994, s. 3 and Sched. 1 ]This section does not apply to the accommodation, or the care or charge, of an infant –(a) in an institution or establishment maintained by the State;(b) in an approved children's home;(c) [Section 64 Subsection (10) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] in a registered school, within the meaning of the Education Act 1994 ;(d) [Section 64 Subsection (10) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] in any premises wholly or mainly used for the accommodation of children away from their homes in order to enable them to attend a State school or a registered school, within the meaning of the Education Act 1994 , for the purpose of enabling the infant to attend that school;(e) [Section 64 Subsection (10) amended by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997] in a hospital maintained and operated by or on behalf of the State or premises in respect of which a licence is in force under Part III of the Hospitals Act 1918 ; or(f) . . . . . . . .(g) in an establishment managed by an association, organization, or other body, approved by the Minister; or(h) [Section 64 Subsection (10) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] in premises which are for the time being exempted from this Part by an order of the Secretary under section 65 .(11) [Section 64 Subsection (11) omitted by No. 63 of 1963, s. 2 and Sched. 1 ]. . . . . . . .
[Section 65 Amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] The Secretary may by order exempt any premises from the provisions of this Part, either indefinitely or for such period as may be specified in the order, and an order made under this section may be revoked or varied by a subsequent order of the Secretary.
PART VII - . . . . . . . .[Part VII Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] [Section 66 Amended by No. 55 of 1965, s. 5 ][Section 66 Amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 66 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 67 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 67 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 68 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 68 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 68 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 68 Subsection (4) inserted by No. 97 of 1971, s. 2 ][Section 68 Subsection (7) omitted by No. 56 of 1972, s. 2 ][Section 68 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 69 Subsection (1) amended by No. 56 of 1963, s. 11 ][Section 69 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 69 Subsection (4) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 69 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 70 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 71 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 71 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 71 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 71 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 71 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 72 Amended by No. 55 of 1965, s. 5 ][Section 72 Amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 72 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 73 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 73 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 73 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . .
PART VIII - MISCELLANEOUS[Section 74 Subsection (1) amended by No. 56 of 1963, s. 12 ][Section 74 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 74 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 74 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 74 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 74 Subsection (3) amended by No. 41 of 1961, s. 5 and Sched. 4 ][Section 74 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 75 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . . [Section 76 Repealed by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . .
77. Proof and presumption of age
(1) [Section 77 Subsection (1) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] Where a person is brought before a court otherwise than for the purpose of giving evidence, the court may make inquiries as to the age of the person, and for that purpose shall take such evidence as may be forthcoming at the hearing of the case, but an order or judgment of the court shall not be invalidated by any subsequent proof that the age of that person was not correctly stated to the court, and the age presumed or declared by the court to be the age of the person brought before the court shall, for the purposes of this Act, be deemed to be the true age of that person.(2) [Section 77 Subsection (2) omitted by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] . . . . . . . .
[Section 77A Amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] [Section 77A Inserted by No. 2 of 1998, s. 3, Applied:22 May 1998] The Secretary may delegate any of his or her functions and powers under this Act, including this power of delegation.
[Section 78 Subsection (1) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 78 Substituted by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000]See Schedule 1.(1) The Governor may make regulations for the purposes of this Act.(2) Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.(3) The regulations may –(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and(b) in respect of such an offence, provide for the imposition of a fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 0.5 penalty units for each day during which the offence continues.
(1) The person who immediately before the commencement of the Act was the Director of Social Services shall be deemed to have been appointed the Director of Social Welfare under this Act.(2) Where, immediately before the commencement of this Act, an institution was a certified institution within the meaning of the Infants' Welfare Act 1935 , that institution shall be deemed to be an approved children's home within the meaning of this Act, and the certificate by virtue of which it was a certified institution within the meaning of that Act has effect as if it were a certificate of approval issued under section 10 of this Act.(3) Where immediately before the commencement of this Act a child was by an order of a court under the supervision of a probation officer of a children's court, that order, if the Director so determines has effect as if such child welfare officer or probation officer as may be directed by the Director for the time being to have the supervision of the child under that order was the probation officer specified therein, and that child welfare officer or probation officer has the like powers and duties as if he was the probation officer so specified.(4) Where, immediately before the commencement of this Act, the Director of Social Services or the managers of a certified institution within the meaning of the Infants' Welfare Act 1935 was or were the guardian or guardians of any person by virtue of that Act, that person shall, on the commencement of this Act, become a ward of the State.(5) A person who, immediately before the commencement of this Act, was under the guardianship of another person by virtue of an order made under section 8 (4) of the Infants'Welfare Act 1935 , shall, on the commencement of this Act, become a ward of the State.(6) Where by virtue of this section a person becomes a ward of the State he shall, for the purposes of section 51 (3) (c) , be deemed to have become a ward of the State on the date of the making of the order of a court, or of his admission by the Director of Social Services as a child of the State, by virtue of which the guardianship subsists as a result of which he becomes a ward of the State under this section.(7) For the purposes of this section the Director of Social Services shall be deemed to have been the guardian of any person who, by virtue of section 66 (2) of the Infants' Welfare Act 1935 , was subject to the care of the Social Services Department.(8) A maintenance order in force under the Infants' Welfare Act 1935 immediately before the commencement of this Act has effect as if it were a contribution order, and an undertaking given under section 37 of the Infants' Welfare Act 1935 that is in force immediately before the commencement of this Act has effect as if it were such an undertaking as is referred to in section 52 (7) of this Act.(9) Until the commencement of the Justices Act 1959 , references in this Act (other than in the schedule thereto) to any provisions of that Act shall be construed as references to the corresponding provisions in any Act that is to be repealed by that Act.(10) All acts, matters and things done or omitted to be done before the commencement of the Child Welfare Amendment Act (No. 2) 1982 by, or done or suffered to be done before that commencement in relation to, the Director of Social Welfare or the Deputy Director of Social Welfare has, on and from that commencement, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Director for Community Welfare or the Deputy Director for Community Welfare appointed under the Principal Act as amended by that Act.(11) On and after the commencement of the Child Welfare Amendment Act (No. 2) 1982 , a reference to the Director of Social Welfare in any Act, or in any regulation, rule, by-law, proclamation, order-in-council, order, summons, warrant, notice or other instrument or document made, issued, given, served, filed or registered under or for the purposes of any Act or for the purposes of any proceedings under any Act, is to be read as a reference to the Director for Community Welfare.
SCHEDULE 1[Schedule 1 Amended by No. 41 of 1961, s. 6 and Sched. 5 ][Schedule 1 Amended by No. 63 of 1963, s. 2 and Sched. 1 ][Schedule 1 Amended by No. 2 of 1973, s. 2 ]The amendments effected by this Schedule have been incorporated into the authorised version of the following Acts:
(a) Master and Servant Act 1856 ;(b) Justices Procedure Act 1919 ;(c) Adoption of Children Act 1920 ;(d) Maintenance Act 1921 ;(e) Police Offences Act 1935 ;(f) Coroners Act 1957 ;(g) Justices Act 1959 .