No- 16.

11     Neglected Children & Juvenile Offenders Act (1905)

ACT No. XVI., 1905.

A.   Act to make better provision for the protection, control, education,   maintenance,   and   reformation   of neglected and uncontrollable children and juvenile offenders; to provide for the establishment and con­trol of institutions  and   for   contribution   by   near relatives towards the support of children in institu­tions ; to constitute children's courts and to provide . for appeals  from  such courts ; to provide for the licensing and regulation of children trading in streets and in certain places open to the public; to amend the State Children Relief Act, 1901, the Children's Protection Act,  1902, the Infant Protection Act, 1904, and   the Crimes   Act,  1900 ; to   repeal   the Reformatory and Industrial Schools Act, 1901 ; and for purposes consequent thereon or incidental thereto. [Assented to, 26th September, 1905.]

  BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of   the   Legislative  Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

PART I.

Preliminary.

1.  This Act may be cited as the " Neglected Children and Juvenile Offenders Act, 1905,   and shall come into operation on the first day of October, one thousand nine hundred and five.

2.  This Act is divided into the following Parts:— PART I.—Preliminary—ss. 1-5.

PART II.—Institutions—ss. 6-8. PART III.—Children and children's courts—ss. 9-33. PART IV.—Children in institutions—ss. 34-46. PART V.—Licensing of children—ss. 47, 48. PART VI.—General and supplemental—ss. 49-52.

3.  The enactments specified in the  Schedule are to the extent therein mentioned repealed.

4. (1) All   persons   appointed   under   any   Act   hereby appointed repealed, and holding office at the commencement of this Act shall be deemed to have been appointed hcreunder.  (2) All schools declared to be reformatory schools or schools or public schools or public industrial schools, under any Act hereby repealed, shall continue to be such schools, subject, however, to the provisions of this Act relating to institutions constituted thereunder.

5. In   this  Act,   unless   the   context   or   subject-matter otherwise indicates or requires,—

" Age " means, in the absence of positive evidence as to age, the apparent age.

" Asylum " has the meaning given to that word in the State Children Relief Act, 1001.

" Board " means State Children's Relief Board.

" Child"   means   boy or girl under sixteen and  over five  years of age.

" Court " means children's court established under this Act and includes a magistrate or justices exercising the jurisdiction of a children's court.

"Institution" means institution established under this Act, and includes a* reformatory and a public industrial school established under the Reformatory and Indus­trial Schools Act, 1901.

" Justice " means justice of the peace.

"Juvenile offender" means child who has committed an offence.

" Local Authority " means council of a municipality, and includes the governing body of a local government area, constituted or to be constituted.

" Maintenance" includes clothing, support, training, and education.

" Near relative" means, except as regards an illegitimate child, father, mother, stepfather, or stepmother of the child; and as regards an illegitimate child—the mother and the person admitting himself to be or adjudged by a competent court to be the father of such child, and the husband of the mother of such child if born before their marriage.

" Neglected child " means child—

(a) who is in a brothel, or lodges, lives, resides, or wanders about with reputed thieves or with persons who have no visible lawful means of support, or with common prostitutes, whether such reputed thieves, persons or  prostitutes are the parents of such child or not; or

(b) who has no visible lawful means of support or  has no fixed place of abode ; or                                       

(c) who begs in any public place, or habitually wanders  about public places in no ostensible occupation, or sleeps in the open air in any public place ; or

(d) who without reasonable excuse is not provided with sufficient and proper food, nursing, clothing, medical aid or lodging, or who is ill-treated   or exposed  by his parent:

Provided that such neglect, ill-treatment, or exposure has resulted or appears likely to result in

any permanent or serious injury to the child ; or

(e)  who takes part in any public exhibition or performance  whereby the life or limb of such child is endangered; or

(f)  who, not  being duly  licensed   for   that   purpose,   is engaged in street trading ; or

(g) whose parents are habitual drunkards, or if one of these be dead, insane, unknown, undergoing im­prisonment, or absent from the State, whose other parent is an habitual drunkard ; or

(h) who, being a female, solicits men or otherwise behaves in an indecent manner, or habitually wanders at night without lawful cause in a public place ; or

(i) who is in any place where opium or any preparation thereof is smoked ; or

(j) who is living under such conditions as indicate that the child is lapsing into a career of vice and crime.

" Offence" includes any matter punishable summarily or by indictment.

" Prescribed " means prescribed by this Act or by regula­tions made thereunder.

" Proclamation " means proclamation in the Gazette.

"Public place" means road, street, thoroughfare, court, or alley to which the public have the right of access, or which the public are allowed to use, and includes any part of premises licensed under Part III of the Liquor Act, 1898, which is open to the public.

" Shelter " shall include a place of safety within the meaning of section twenty-five of Children's Protection Act, 1902.