ANNO DECIMO QUARTO
ELIZABETHAE 11 REGINAE
A.D. '1965
****************************************************
No. 54 of 1965
An Act to amend the Maintenance Act, 1926-1963, and certain other Acts; to repeal the Children's Institutions Subsidies Act, 1961, and to make other provision in lieu thereof, and for other purposes.
[Assented to 23rd December, 1965.]
BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:
193
1. (1) This Act may be cited as the "Maintenance Act Shorttltles.
Amendment Act, 1965", and shall come into operation on a day to be fixed by proclamation.
(2) The Maintenance Act, 1926-1963, as amended by this Act, may be cited as the "Social Welfare Act, 1926-1965".
(3) The Maintenance Act, 1926-1963, is hereinafter referred to as "the principal Act".
2. This Act is incorporated with the principal Act and that Incorporation.
Act and this Act shall be read as one Act.
3. The Children's Institutions Subsidies Act, 1961, is repealed. Repeal.
4. The long title of the principal Act is amended by striking tome~t:e~ of
out therefrom the passage "and to make provision for granting p;::c!paf Act.
assistance to mothers for the maintenance of their children"
and inserting in lieu thereof the passage "including the making of orders for the maintenance of wives, husbands and children and for confinement, medical and other expenses and for the enforcement of such orders and of similar orders made in certain other States, Territories and countries, and for purposes
Repeal of 8. 3 of principal Act and sub- stltution of new section therefor- Savings and transitional provisions.
connected therewith, to repeal the Inter-State Destitute Persons Relief Act, 1910-1958, and the Maintenance Orders (Facilities for Enforcement) Act, 1922-1955,".
5. Section 3 of the principal Act is repealed and the following section is enacted and substituted therefor : -
3. (1) Every legal proceeding, or remedy instituted, or sought to be enforced by or against the Children's Welfare and Public Relief Board or the Chairman thereof under any provision of this Act as in force before the commencement of the Maintenance Act Amendment Act, 1965, or under any other Act may, after the commencement of the Maintenance Act Amendment Act, 1965, be continued, completed and enforced by or against the Minister under the appropriate provisions of this Act or such other Act as if the Minister were substituted for such Board or Chairman.
(2) Except as in this Act expressly or by necessary implication provided, the repeal or amendment by this Act or the Maintenance Act Amendment Act, 1965, of any provisions of this Act or any other Act shall not disturb the continuity of status, operation or effect of any proclamation, regulation, rule, order, complaint, summons, warrant, instrument, document, remand, mandate, application, appeal, determination, decision, conviction, committal, indorsement, direction, licence, subsidy, certificate, consent, conveyance, contract, agreement, approval, disapproval, confirmation, objection, appoint- ment, registration, condition, recognizance, notice, fee, liability or right made, effected, given, received, issued, incurred or acquired or existing or continuing by or under those provisions before such repeal or amendment.
(3) Except as in this Act expressly or by necessary implication provided, every order made under any provision of this Act as in force before the commencement of the Maintenance Act Amendment Act, 1965, or under any provision of an Act repealed by this Act or the Maintenance Act Amendment Act, 1965, shall be deemed to be an order made under the corresponding provisions of this Act and the appropriate provisions of this Act as in force after such repeal relating to the enforcement, suspension, revival, variation or discharge of orders of such a kind or governing further proceedings in relation thereto shall apply to and in relation to all such orders made as aforesaid.
1965. Maintenance Act Amendment Act, 1965. No. 54.
(4) Every order made under this Act as in force before the commencement of the Maintenance Act Amendment Act, 1965, and enforceable pursuant to Part III of this Act immediately before such commencement shall be deemed to be an order made under the corresponding provisions of this Act as in force after such commencement, and the appropriate provisions of this Act relating to the enforcement, suspension, revival, variation or discharge of such orders or governing further proceedings in relation thereto shall apply to and in relation to all such first mentioned orders.
(5) Except where inconsistent with this or any other section of this Act, the provisions of the Acts Interpretation Act, 1915-1957, relating to the effect of repeals shall apply to and in relation to every repeal enacted by virtue of this Act or any amendment thereof.
(6) Where any moneys which were payable to the former board under any order of a court or any instrument of any kind have not been paid, such order or instrument shall for all purposes be deemed to provide and to have provided that payment of those moneys shall be made to the Director at his office at Adelaide, and the moneys shall be payable accordingly, notwithstanding that any of such moneys became due or payable before the commencement of the Maintenance Act Amendment Act, 1965.
(7) Any proceedings commenced under Part III of this Act as in force before the commencement of the Maintenance Act Amendment Act, 1965, may be continued and an order may be made thereon as if that Act had not been enacted but, for the purpose of further proceedings in relation thereto, such an order shall be deemed to have been made under the corresponding provisions of this Act as amended.
(8) An order made under the Inter-State Destitute Persons Relief Act, 1910-1958, and in force immediately before the commencement of Subdivision 2 of Division II of Part IlIa of this Act shall, on and from such commence- ment, be deemed to be, and enforceable as, a maintenance order as defined in section 76s of this Act made by a court of summary jurisdiction and, subject to any order for the suspension thereof, the provisions of Division I of that Part shall, with such modifications as are necessary, apply to and in relation to such order and the parties thereto accordingly.
(9) An order made enforceable under or by virtue of the Inter-State Destitute Persons Relief Act, 1910-1958, and in force immediately before the commencement of Sub-
195
1"
division 2 of Division II of Part IlIa of this Act shall, on and from such commencement, be deemed to be registered in the court of summary jurisdiction at Adelaide known as the Adelaide Magistrate's Court and subject to any order for the suspension thereof, such an order shall for the purpose of further proceedings in relation thereto, be deemed to be an interstate order registered in that court and enforceable under that Subdivision.
(9) An order registered in a court of summary jurisdiction in this State under the Maintenance Orders (Facilities for Enforcement) Act, 1922-1955, or an order confirmed by a court of summary jurisdiction under that Act, and in force immediately before the commencement of Subdivision
3 of Division II of Part IlIa of this Act shall, subject to any order for the suspension thereof and for the purpose of further proceedings in relation thereto, be deemed to be an overseas order registered in that court and enforceable under that Subdivision qr an order confirmed in that court and enforceable under that Subdivision, as the case may be.
(10) An order registered in the Supreme Court under the Maintenance Orders (Facilities for Enforcement) Act, 1922-1955, and in force immediately before the commence- ment of Subdivision 3 of Division II of Part IlIa of this Act shall, subject to any order for the suspension thereof, continue to be enforceable after such commencement in any manner in which it may have been enforced before such commencement and all further proceedin~s that could have been taken in relation to such order before such commencement may be taken after such commencement, and that order shall also be deemed to be an overseas order registered or confirmed and enforceable under that Subdivision and as &'uch may be enforced, with such modifications as are necessary, in any manner in which an overseas order registered or confirmed under that Sub- division may be enforced.
(ll) For the purposes of this section an order that is suspended for the time being shall be deemed to be an order that is in force.
~::!t~~nt 6. Section 4 of the principal Act is repealed and re-enacted
;~~ct,~
Act-
as follows : -Arrangement
of Act. 4. This Act is arranged as follows : -
PART I.-PRELIMINARY, ss. 1-5.
1965. Maintenance Act Amendment Act, I965- No. 54. 19'1 PART II.-THE MINISTER AND DEPARTMENT
DIVISION
AND STATE PUBLIC RELIEF, ss. 6-39-
I.-THE MINISTER AND DEPARTMENT, ss. 6-19 :
DIVISION Il.-THE SOCIAL WELFARE ADVISORY COUNCIL, ss. 20-30 :
DIVISION IlI.-STATE PUBLIC RELIEF, ss. 31-39.
PART IlL-MAINTENANCE OBLIGATIONS, ss.
39a-76ra-
DIVISION I.-JURISDICTION AND POWERS OJ' COURTS OF SUMMARY J URIS- DICTION, ss. 39a-39d :
DIVISION Il.-THE MAINTENANCE OF NECESSITOUS PERSONS BY THEIR RELA'fIVES, ss. 40-65a-
Subdivision I-Orders Generally, ss. 40-51 : Subdivision 2-0rders, etc., in Affiliation Cases,
ss. 52-6Ia:
Subdivision 3--0rders for Funeral, Medical and other Expenses, ss. 62-63 : Subdivision 4-N ominal and Interim Orders for
Payment of Maintenance, ss.
64-65a:
DIVISION IIl.-THE SUMMARY PROTECTION OF MARRIED WOMEN, ss. 66-75a:
DIVISION IIIa.-GENERAL, ss. 76-76h-
Subdivision I-Commencement and Duration of Orders, ss. 76-76d :
Subdivision 2-Evideniiary, ss. 76e-76h :
DIVISION IIIh.-GENERAL PROVISIONS RELATING TO THE DISCHARGE, SUSPENSION, VARIATION AND REVIVAL OF ORDERS, ss. 76i-76n :
DIVISION IIIc.--PROCEDURAL, ss. 76na-76ra.
PART IIIa.-ENFORCEMENT OF ORDERS AND SUPPLEMENTARY PROVISIONS, ss. 76s-99zm-
DIVISION I.-PROVISIONS RELATING TO ORDERS GENERALLY, ss. 76s-99-
Subdivision I-Interpretation, s. 76s:
Subdivision 2-Attachment of Property, Oaveats, Warrants, Disobedience of Orders, etc., ss. 77-96 :
Subdivision a-Attachment of Earnings, ss. 96a-96p :
Subdivision 4-General, ss. 96q-99 :
DIVISION n.-RECIPROCAL ENFORCEMENT OF ORDERS, ss. 99a-99zm-
Subdivision I-Interpretation and Administration, ss. 99a-99d :
Subdivision 2-1 nterstate Maintenance, ss.
99da-99ka:
Subdivision a-Overseas Maintenance, ss.
99kb-99zc:
Subdivision 4-General, ss. 99zd-99zm.
PART IV.-STATE CHILDREN AND CHILDREN
UNDER CONTROL OF THE
MINISTER, ss. 100-151-
DIVISION I.-THE CARE AND CONTROL OF STATE CHILDREN AND CHILDREN UNDER CONTROL OF THE MINISTER, ss. 100-126 :
DIVISION n.-ApPRENTICING AND PLACING OUT OF STATE CHILDREN, ss. 127-151.
PART V.-HOMES-THEIR ESTABLISHMENT, INSPECTION, AND ABOLITION, ss. 152-162.
PART VI.-THE LICENSING AND SUPER-
VISION OF HOMES, LYING-IN HOMES AND FOSTER-PARENTS, ss. 162a-176.
PART VIa.-FINANCIAI.J ASSISTANCE FOR CHILDREN'S HOMES, ss. 176a-176c.
PART VII.-PROCEDURE, PENALTIES, AND GENERAL MATTERS, ss. 177-207.
I I
Maintenance Act Amendment Act, 1965. No. 54. 199 ,. Section 5 of the principal Act is amended- Amendmen~ or
principal Act.
(a) by inserting immediately before the definition of 8.5-Interpretation.
"affiliation case" therein the following definition : -
"adopted child" means a child-
(a) adopted in accordance with the law of this State or the law of another State or of a Territory of the Commonwealth; or
(b) adopted in a country outside Australia and the Territories of the Common- wealth if the adoption was effective according to the law of that country and the adoption is recognized by the law of this State as having effect in this State,
and ~'adoptive parent" has a correlative meamng :;
(b) by striking out from the definition of "affiliation case"
the word "confinement" and inserting in lieu thereof the word "preliminary";
(c) by striking out therefrom the definitions of "asylum",
"board" and "chairman" ;
(d) by striking out from the definition of "child" therein the passage "boy or girl" wherever it occurs therein and inserting in lieu thereof in each case the passage
"child or adopted child" ;
(e) by striking out therefrom the definition of "confinement expenses" and inserting in lieu thereof the following definitions : -
"child of the family", in relation to the parties to a marriage or to either of them and whether or not either party to the marriage is dead, means-
(a) any child or adopted child of both parties; or
(b) any child or adopted child of either party,
and "mother", "father" and "parent", in relation to a child of the family, shall be construed accordingly:
(.f )
"children's home" means a home which is used wholly or partly for the reception, care, maintenance or training of children : ;
by striking out therefrom the definitions of "destitute child", "foster-mother" and "foster-parent" and inserting in lieu thereof the following definitions : -
"department" means Department of Social Welfare:
"Deputy Director" means the person for the time being holding the office of Deputy Director of Social Welfare :
"Director" means the person for the time being holding the office of Director of Social Welfare:
"former board" means the Children's Welfare and Public Relief Board constituted under Part II of this Act as in force before the commence- ment of the Maintenance Act Amendment Act, 1965:
"foster-parent", in relation to a child, means a person of either sex who has the charge or custody of the child to care for, support or otherwise maintain the child apart from his parent or parents:;
(g) by inserting after the definition of "guardian" therein the following definition : -
"home" means any establishment or place intended or used for the reception, care, maintenance, support or training of destitute, infirm, necessitous or neglected persons or for the .reception, care, custody, detention or reformative treatment of children but does not include a private family residence, a school, hospital or lying-in home, or any child minding centre or creche in respect of which a person is the holder of a current licence issued by any local government authority pursuant to a by-law made under the Local Government Act, 1934-1964, as amended: ;
(h) by striking out from the definition of "inmate" therein the words "maintained in an institution" and inserting in lieu thereof the words "or other person maintained in a home under the control of the Minister" ;
.. 1l!.
Maintenance Act Amendment Act, 1965. No. 54.
(i) by striking out therefrom the definition of "institution"
and inserting in lieu thereof the following definitions : -
"institution" means a home which is by procla- mation set apart as an institution to be used- (a) for the care of neglected or uncontrolled
children;
(b) as a remand home;
(c) as a reformative institution; or (d) as a private reformative institution, or to be used for such general or particular purpose or purposes, whether hereinbefore mentioned or not, as shall be specified in the proclamation:
"juvenile court" means a court of summary jurisdiction that is a juvenile court within the meaning of the Juvenile Courts Act, 1941, or of any Act substituted for that Act:
"Juvenile Courts Act" means the Juvenile Courts Act, 1941, or any Act substituted for that Act: ;
(j) by striking out from the definition of "lying-in home"
the words "asylum" and "board" and inserting in lieu thereof respectively the words "home" and
"Minister" ;
(k) by striking out therefrom the definitions of "main- tenance order" and "member" and inserting in lieu thereof the following definition:-
"Minister" means Minister of Social Welfare: ; (l) by inserting after the word "saloon" being the last
word in the definition of "neglected child" the following passage : -
"; or
(k) has apparently no sufficient means of support or whose near relatives are unable to support him or are dead or unknown or cannot be found or are not in the State or are detained in a prison or home; or (l) has ceased to be cared for or maintained
adequately by his guardian and is in need of care and protection; or
(m) is under any provision of this Act or any other Act deemed to be a neglected child within the meaning of this Act." ;
201
(m) by striking out therefrom the definitions of "private institution" and "private reformatory school" and inserting in lieu thereof the following definitions : -
"parent" includes adoptive parent :
"preliminary expenses", in respect of the con- finement of a woman, means the expenses of the maintenance of the woman during the period of two months immediately preceding the confinement, reasonable medical, surgical, hospital and nursing expenses attendant upon the confinement, and the expenses of the maintenance of the woman and the child or children born to the woman for three months immediately after the birth of the child or children :
"private reformative institution" means a home maintained by private persons for the care, custody, d.etention and reformative treatment of children which is by proclamation set apart as an institution to be used as a private reformative institution: ;
(n) by striking out therefrom the definition of "secretary"
and inserting in lieu thereof the following definition : -
"reformative institution" means a home intended or used for the care, custody, detention and reformative treatment of children which is by proclamation set apart as an institution to be used as a reformative institution: ; (0) by inserting after the word "Act" in the definition of
"State child" therein the passage "or any other Act" ;
(p) by striking out from the definition of "State child"
the words "custody and control of the board" and inserting in lieu thereof the words "control of the Minister" ;
(q) by striking out therefrom the definitions of "the Destitute Board" and "the State Children's Council"
and inserting in lieu thereof the following definition : -
"the council" means the Social Welfare Advisory Council established under Division II of Part II of this Act : ;
(r) by striking out therefrom the definition of "uncon- trolled child" and inserting in lieu thereof the following definitions : -
Maintenance Act Amendment Act, 1965. No. 54.
"uncontrolled child" means a child-
(a) who has acquired or is likely to acquire habits of immorality, vice or crime;
and
(b) whose parents or guardian appear or appears to be unable or unwilling to exercise adequate supervision and control over the child :
"woman" includes girl.; and
(8) by inserting at the end thereof the following new subsections (the whole of the preceding provisions of the section being re-designated as subsection (1) thereof) : -
(2) For the purposes of this Act, a man and a woman married by a subsisting marriage, whether monogamous or polygamous, shall, if the marriage is lawful and binding in the place where it was solemnized, be regarded as husband and wife.
(3) Any reference in this Act to an order shall be read and construed, where the order has been varied under this Act or any other Act by a subsequent order having effect in this State, as a reference to the order as so varied from time to time.
8. Part II of the principal Act is repealed and the following Part is enacted and inserted therein in its place : -
PART lI.
THE MINISTER AND DEPARTMENT AND STATE PUBLIC RELIEF.
DIVISION I.-THE MINISTER AND DEPARTMENT.
203
Repealot Part 11 of principal Ac$
and sub·
stitutlon ot new Part therefor-
6. (1) The Minister of Social Welfare and his successors Incorporatlo.
. ffi h b 't d b d d or Minister.
III 0 ce are ere y constl ute a 0 y corporate un er the name of "Minister of Social Welfare" with perpetual succession and a common seal.
(2) The Minister shall, in his corporate name, be capable of suing and being sued and of acquiring, holding and disposing of real and personal property of any kind and of doing and suffering all such other acts and things as the Minister and bodies corporate may by law do or suffer.
.Judlclal notice to be taken of .ea! and incorporation of Mhllster.
Abolition of Children's Welfare and Public Relief Board.
Provisions consequential to abolition of former board.
The depart- ment.
Departmenta ollicers and employees.
1965·
7. All courts, judges and persons acting judicially shall take judicial notice of the incorporation and common seal of the Minister and the production of any deed, instrument or writing sealed with that seal shall, in the absence of proof to the contrary, be sufficient evidence of the due making and execution of that deed, instrument or writing.
8. On the commencement of the Maintenance Act Amendment Act, 1965, the body corporate known as the
"Children's Welfare and Public Relief Board" and the offices of Chairman, members and secretary of that board shall be abolished and, subject to this Act, all property, rights, powers, functions, duties and liabilities of the Children's Welfare and Public Relief Board shaH be transferred to and vested in the Minister.
9. Subject to this Act-
(a) in any proceeding or transaction of any kind to which immediately before the commencement of the Maintenance Act Amendment Act, 1965, the former board or the Chairman of the former board was a party, the Minister shall be substituted for the former board or Chairman, as the case may be;
(b) any reference to the former board or the Chairman of the former board in any Act, regulation, rule or other law or in any order of a court, instrument, agreement or document of any kind shall be read as a reference to the Minister or Director respectively; and
(c) any reference to an officer of the former board in any Act, regulation, rule or other law or in any order of a court, instrument, agreement or document of any kind shall be read as a reference fo an officer of the department.
10. For the purposes of this Act, there shall be-
(a) a department under the Minister to be called the Department of Social Welfare which shall be established and declared pursuant to the Public Service Act, 1936-1958, as amended;
(b) a Director of Social Welfare ;
(c) a Deputy Director of Social Welfare; and
(d) such other offices and positions in the department as are necessary.
H. (I) Subject to subsection (2) of this seetion, the Director and Deputy Director and all other officers of the department shall be appointed in accordance with the
1965. Maintenance Act Amendment Act, 1965. No. 54.
Public Service Act, 1936-1958, as amended, and all employees of the department shall be appointed by the Minister.
(2) All persons who immediately before the commence- ment of the Maintenance Act Amendment Act, 1965, were officers or employees of the former board or of the Children's Welfare and Public Relief Department, except the Chairman of the board and the secretary of the board and of that Department, shall, upon such commencement, without any further formality of appointment, become officers and employees of the department subject to the same conditions of appointment and employment and with such titles and status as they had in the Children's Welfare and Public Relief Department.
12. The Director shall be the permanent head of the Director ~ be
department with all the powers and responsibilities of
fe!:fi'r
tthat position under the Public Service Act, 1936-1958, epar men.
as amended.
13. The Minister shall have the custody and be the Mini~tr to/le
legal guardian of each State child to the exclusion of ~are c~l~ren.
his parents or other guardians but shall cease to have such custody and to be the legal guardian of such child on the child ceasing to be a State child.
14. (1) The Minister shall have the following general ~~::rr:!and
f t · d 't' I functions of
powers, unc IOns an capaCl 1es, name y : - the Minister.
(a) The general care and custody of and the control over the persons of all State children and the control of the property of all State children to the exclusion of all other persons claiming such care, custody or control;
(b) The power to establish homes and to recommend to the Governor that any home be declared by proclamation to be an institution;
(0) The power to utilize any services of the depart- ment or of any officer or employee of the department for the promotion of social welfare within the community;
(d) The power to establish centres and provide facilities and financial and other assistance for the promotion of social welfare within the community and to conduct, control and regulate the activities within such centres;
(e) The control of all homes established by the Minister or the control of which is vested in him ;
Power of Minister to delegate powers, functions, etc.
(f) The care and custody of and the control over the persons of all inmates and the control of the property of all inmates to the exclusion of all other persons claiming such care, custody or control;
(g) The care, custody and control of all property, real or personal, vested in or belonging to the Minister;
(h) The power and capacity, subject to this Act and any other law, in his corporate name or in the name of any State child or inmate, and as fully and effectually as such State child or inmate if of the full age of twenty-one years could do, to sue or be sued, to commence and prosecute any action or proceeding, to manage and demise the property of such State child or inmate or to which such State child or inmate is seised or entitled, to enter into agreements, to demand, collect, receive and recover and give effectual receipts and discharges for any moneys due or owing to such State child or inmate, and to distrain, evict and recover possession and to appoint and remove attorneys and agents on such conditions as he may determine, to take and use all lawful proceedings and means for recovering and receiving rents and profits arising or accruing from the property of such State child or inmate and to do anything or determine any matter in connection with the administration of this Act;
(i) The power to give directions to the Director' and other officers and employees of the department ; (j) Such other powers and functions as are vested in the Minister or are necessary or expedient for the purpose of giving effect to the objects of this Act or for any purpose incidental thereto.
(2) The Minister may, from time to time, confer with any special magistrate who has made any order committing a child to an institution or placing a child under the control of the Minister.
15. (I) The Minister may from time to time, generally or in each particular case, delegate to the Director such powers, duties, responsibilities and functions as the Minister thinks fit, and may at any time revoke any such delegation.
Maintenance Act Amendment Act, 1965. No. 54.
(2) Any power, duty, responsibility or function vested in or delegated to the Director may, if the Director is absent or otherwise unable to perform the duties of his office, be exercised or discharged by the Deputy Director who in that behalf shall have all the powers, duties, responsibilities and functions of the Director.
207
16. (1) With the approval in writing of the Minister, Director may
the Director may by writing delegate to the Deputy ~~~rr~
D· lrector or to any 0 ffi cer 0 f -h d t e epartment any 0 f th e functions, etc. to Deputy
powers, duties, responsibilities and functions vested in or Director.
delegated to the Director under this Act, except this power of delegation, and every such delegation by the Director shall be revocable at any time by the Director in writing and shall not prevent the exercise or performance of any power, duty, responsibility or function by the Director.
(2) In respect of matters so delegated by the Director and so long as the delegation has not been revoked, any reference in this Act to the Director shall be read as including a reference to the Deputy Director and such other officer to whom the matter is delegated.
17. It shall be the duty of the Director under and in Duties of
accordance with the directions of the Minister to administer Director.
and carry into effect the provisions of this Act.
18. (1) The Director shall submit on or before the Director's.
31st day of October in each year to the Minister a report annual report.
on the administration of this Act and the work of the department for the year ended on the thirtieth day of June preceding the report.
The report shall specify the number of inmates in each home under the control of the Minister, the number of children placed out during the period covered by the report, the nature and value of the relief afforded by the Director under section 31 of this Act and shall set out a summary of the receipts and expenditure of the department during the same period, and any other matters which the Director thinks fit or the Minister may direct from time to time to be included in such report.
(2) The Minister shall cause such report to be laid before both Houses of Parliament within three weeks after receiving the same if Parliament is then sitting or, if Parliament is not then sitting, within two weeks after the commencement of the next sitting of Parliament.
19. (1) Subject to this Act and to the directions of the btwe~of
Minister, the Director may- eo r.
(a) place out from any institution or other home any State child to be cared for by any foster-parent
or to live with or be employed by any person and make such arrangements as are necessary in that behalf;
(b) transfer any State child from any institution or other home to any other institution or home, from the residence of any person to the residence of any other person or from the care of any foster-parent or person to the care of any other foster-parent or person;
(c) recall any State child to any institution or home;
(d) supervise any State child in any institution, home or residence or in the care of any foster-parent or person;
(e) supervise any child under the control of the Minister and any child, not being a State child, in any home licensed pursuant to this Act or in the care of any foster-parent licensed pursuant to this Act;
(f) supervise any illegitimate child under the age of twelve years and any child under that age not living with a parent or near relative;
(g) supervise and manage all homes under the control of the Minister and control and supervise all officers and other persons employed therein and all inmates thereof; and
(h) do all such other things as are necessary or convenient for the discharge of his duties and functions under this Act.
(2) The Director may and, if so required by the Minister or a court, shall investigate or cause an investigation to be made into the affairs of any person who is alleged on oath to be a person who by reason of age, disease, illness or physical or mental infirmity, is unable, wholly or partially, to manage his affairs.
(3) The Director shall send a written report of the investigation to the Minister and, where the investigation is made pursuant to a requirement of a court, shall send a copy of the report to the court.
(4) For the purposes of any investigation under this section the Director or any officer of the department may enter any building or premises where any person whose affairs are being investigated is present.
Maintenance Act Amendment Act, 1965. No. 54.
(5) The owner and person in charge of the building or premises and every person having the care or control of the person whose affairs are being investigated shall, if 80
required by the Director or an officer of the department, give to the Director or officer all assistance in connection with the investigation which he is reasonably able to give, or any papers, books or other documents relating to such person which he may have in his possession or under his control.
Penalty for a breach of this subsection: Fifty pounds.
DIVISION n.-THE SOCIAL WELFARE ADVISORY COUNCIL.
209
20. The Governor shall by proclamation establish a :;r!,\~hmen~
council to be known as the Social Welfare Advisory Council. r£~::y
Council.
21. (1) The council shall consist of a Chairman and not ~?=~!~:~n
more than five other members.
(2) The Chairman and other members shall be appointed by the Governor from persons, who are interested in social welfare activities.
22. Each member shall be appointed and hold office for ;mnur?f such term, not exceeding four years as shall be specified by me:b~rs.
the Governor at the time of appointment, but a person appointed to fill the vacancy caused otherwise than by the expiration of the term of office of a member shall be appointed and hold office only for the unexpired portion of the term of office of the member in whose place he is appointed, and any retiring member shall hold office until his successor is appointed.
23. The Governor may for good cause remove any member from office.
Removal of
member from
office.
24. In addition to the retirement of members upon the V~can? in
expiration of their respective terms of office, the office of ~:~r.
a member shall become vacant on-
(a) his removal from office by the Governor;
(b) his death, or bankruptcy, or his application to take the benefit of any law for the relief of bankrupt or insolvent debtors, or his compounding with his creditors or his making an assignment for their benefit, or his being convicted of an indictable offence;
(c) his resignation by notice in writing delivered to the Chairman of the council; or
Remuneration ofmembell.
MeeLlngs of
~he council.
Quorum.
Duties and functions of the council.
Chairman w
repod; w
Illnlster.
Administration.
Power of
D!recwrw
afford relief.
Maintenance Act Amendment Act, 1965. N o. 54.
(d) his absence from three consecutive meetings of the council without leave of the council.
25. The members of the council shall be paid such fees and allowances as are prescribed.
26. The Chairman of the council shall convene meetings of the council at the request of any two members ef the council or as often as shall be required for the proper discharge of its functions and shall preside at each meeting.
27. The Chairman and any three members of the council shall constitute a quorum at a meeting.
28. The council shall consider and advise the Minister on any question relating to social welfare which the council considers proper or which is referred to it by the Minister including-
(a) any question relating to the care of children or adults;
(b) any question relating to destitution or neglect of persons, delinquency, crime or social disability;
(c) any question relating to the training and employ- ment of any classes of persons engaged or about to be engaged in social welfare work; and (d) any matter incidental to any question referred to
in paragraphs (a) to (c) of this section.
29. The Chairman of the council shall report to the Minister on the deliberations of the council and on the conclusions reached by it.
30. The Minister shall provide the council with all necessary secretarial, clerical and other services and the cost of those services and of necel:isary materials and the payment of members' fees and allowances shall be defrayed out of moneys to be provided by Parliament.
DIVISION IlL-STATE PUBLIC RELIEF.
31. The Director may, subject to any directions given by the Minister, afford relief, whether in money or by the supply of commodities to, or for the maintenance of, such destitute or necessitous persons as the Director thinks fit, and, subject to the regulations, may authorize or direct the admission of any such person into a suitable home.
Maintenance Act Amendment Act, 1965. No. 54. 211 32. The Director shall cause a record to be kept showing ~ctor toila
the age, date of reception, parentage, place of birth, sex, eep recor •
date of discharge or death, and religion, so far as are known, of all persons admitted into a home under this Act and of all dispositions of and dealings with those persons.
33. (1) In any case where- =f~l~~f
• relief from
(a) rehef has been afforded to any person by the former relatives.
board or the Director under this Act; and (b) such person or a near relative of such person is at
any time within six years thereafter able to repay the amount or cost of such relief or part thereof,
a court of summary jurisdiction may, upon the complaint of an officer of the department, inquire into the matter.
(2) If the court is of opinion that such person or the near relative as aforesaid is able to repay the whole or part of the amount or cost of such relief and that such circum- stances exist as to make the repayment desirable, it may order such person or near relative as aforesaid to pay to the Director such sum of money either in one sum or by instalments as in its judgment such person or near relative as aforesaid can reasonably afford and ought to contribute towards such relief.
34. A complaint against a person under section 33 of this ~ompl~lni ma,
Act may relate to relief which has been Diven to two or more • 0 - .
a:.:ttt!t
reJa ve ~efar 0 two Persons of whom the defendant IS a near relatIve. or more persons whohave been grnnted relief.
35. The allegations in any complaint made by or with tlleg~ti°fi:r.
the authority of the Director for the recovery from any e~i~~':. a near relative of any person of any sum of money-
(a) that relief has been afforded to any person by the former board or by the Director and that the amount or cost of the relief was a sum specified in the complaint; or
(b) that the defendant or person complained of is a near relative of the person to whom relief has been so afforded,
shall be prima facie evidence of the facts alleged in the complaint.
36. Any order made under section 33 of this Act may be Enforcement
_P d . d d h . of orders.
elllorce as a mamtenance or er un er t e appropnate provisions of Part IlIa of this Act.
Matters to be eonsidered in assessing applicant&' means.
Power to visit children.
Inspect places of residence.
etc.
No deductions without order of court.
Enactmellt of new Division I of Part III of principal Act and re-numbering of existing Division I 'hereof as Division 11.
General jurisdiction of court& of lumInarY jurisdiction in respect of orders under tbis Part.
37. In the assessing, in any application for relief under this Division, of the means of an applicant or of a person on behalf of whom the application is made, account may be taken, inter alia, of entitlement to any payment for social service benefit or pension by the Commonwealth;
but account shall not be taken of gifts of food or the loan of household goods or chattels to the applicant by any person.
3S. The provisions of this Act and any regulations under this Act with respect to the visiting of State children placed out under this Act and the inspection of places where State children are or reside shall, with such alterations, modifications and substitutions as are necessary, extend and apply to and in relation to children for or towards whose maintenance any relief is afforded under this Division and to and in relation to persons having the care and maintenance of such children, and to and in relation to places where any such children are or reside.
39. The Director shall not deduct from moneys in his hands received as payments of maintenance for or on behalf of any person any sum or sums for repayment to him of relief granted under this Division except upon the written authority of that person or upon the order of a court of summary jurisdiction made on complaint of the Director or an officer of the department that the means of the person are sufficient to allow the deduction to be made without hardship.
9. The following divisional heading and sections are enacted and inserted in the principal Act immediately under the heading
"MAINTENANCE OBUGATIONS" in Part In thereof but before the divisional heading to Division I of that Part which is hereby re-numbered as Division II : -
DIVISION 1 . - J URISDICTION AND POWERS OF COURTS OF SUMMARY JURISDICTION.
39a. (1) Subject to this Act, but without limiting the jurisdiction of any court, a court of summary jurisdiction shall have jurisdiction to hear and determine any complaint and to make and to discharge, suspend or vary any order of a kind provided for in this Part.
(2) Subject to subsection (4) of section 71 of this Act the court shall have jurisdiction to make an order under this Part by reason of facts and circumstances, whether
Maintenance Act Amendment Act, 1965. No. 54.
or not those facts or circumstances, or some of them, took place before the commencement of the Maintenance Act Amendment Act, 1965, or outside this State-
(a) if the person against whom the order is sought is resident in this State; or
(b) if the person for whose benefit the order is sought is resident in this State.
213
(3) Nothing in this Act shall limit or affect the operation Savlnluto
f " f h Atb hih .ordereunder
o any proVIsIon 0 any ot er c y w c any person IS other Acta.
or may be required to make contribution to or payment on account of the maintenance or support of any other person.
39b. (1) For the purposes of Division III of this Part, in Mean.
r
fdetermining whether reasonable maintenance has been auppor.
provided for a person by another person-
(a) the court shall have regard to the accustomed condition in life, but not the means or earning capacity, of the first-mentioned person; and (b) the court may disregard any moneys paid by a
defendant to or for the benefit of the first- mentioned person before the commencement or during the pendency of proceedings under this Part unless it appears to the court that the defendant intends in good faith to continue providing adequate means of support for the person or persons for whose maintenance or benefit the proceedings were brought.
(2) In determining the amount that a defendant is to M~t~:
be ordered to pav by an order under Division III of this !ud::::mt1of
" . or en.
Part for the pay"lIlent of mamtenance the court shall have regard, where practicable and appropriate, to-
(a) the accustomed condition in life of the person or persons for whose maintenance the order is to be made ; and
(b) the whole financial position of the person or persons for whose maintenance or for whose benefit the order is to be made and of the defendant, their respective means and earning capacities and the defendant's ability to pay, but in ascertaining the financial position of the person or persons for whose maintenance or for whose benefit the order is to be made the court shall disregard any moneys that any such person has earned or received, is earning or receiving or may thereafter earn or receive solely or mainly because of the desertion or neglect of the defendant
B:
Exllltlng order Dot affected by lubsequent order unless court other- wise deter- minet.
Complaints
&aalnst father of Ulegitimate child.
Insertion of Dew Bub- divisional heading above I. '0 of principal Ac'.
1965· Maintenance Act Amendment Act, 54.
or his removal or proposed removal out of this State and any savings arising from those moneys unless, in the special circumstances of the case, the court thinks it proper to take those moneys and savings into consideration.
(3) Upon the hearing of a complaint under this Part- (a) in respect of a child who has been committed to
an institution or placed under the control of the Minister or towards the maintenance of whom any relief or assistance has been or is being granted under Division III of Part II of this Act or under any other Act or under any law of the Commonwealth; or
(b) in respect of a child to the mother of whom any assistance has been or is being granted under that Division or under such Act or law,
no regard shall be had in determining the amount to be directed to be paid by an order under this Part in respect of the child, to the fact that the child was or is in such institution or under such control or that such relief or assistance had been or is being granted.
39c. Unless a court of summary jurisdiction at any time otherwise determines, and subject to any express provisions of this Act to the contrary, an existing and enforceable order made under this Part before or after the commencement of the Maintenance Act Amendment Act, 1965, shall remain enforceable under this Act notwith- standing that subsequent to that order another order is made under this Part against the same defendant and in favour of or on behalf of the same complainant or persons or any of them, and whether in respect of the same period or not, except to the extent that the subsequent order expressly varies thl! first mentioned order and then only to the extent of the variation.
39d. No complaint under this Part against the father or alleged father of an illegitimate child shall be made except-
(a) by or on behalf of the mother of the child III
relation to whom the complaint is made;
(b) by or on behalf of the child itself; or (c) by an officer of the department.
10. The principal Act is amended by inserting immediately above section 40 thereof the following subdivisional heading : -
Subdivision l-Orders Generally.
Maintenance Act Amendment Act, 1965. No. 54.
11. Section 42 of the principal Act is amended by striking out from subsection (1) thereof the passage "moderate rate or sum as the court thinks ought to be allowed for the maintenance of the destitute person" and inserting in lieu thereof the passage
"amount or periodical amounts for the maintenance of the destitute person as the court thinks reasonable".
12. Subsection (3) of section 43 of the principal Act is amended-
(a) by striking out therefrom the word "wife" and inserting in lieu thereof the word "family"; and
(b) by striking out therefrom the word "her" where it first occurs therein and inserting in lieu thereof the passage "the wife's".
13. Section 43a of the principal Act is amended by striking out therefrom subsection (4) thereof.
215
Amendment of principal Ac$.
8.42- Proceedings on hearing of complain$.
Amendment of principal Aet.
8.43.- Issue of summons to husband on applicatlan of wife.
Amendment of principal Act.
B.43a- Maintenance of husband by wife.
14. Section 45 of the principal Act and the heading Repeal of
"DIVISION n.-THE MAINTENANCE OF CHILDREN BY THEIR ~f~~inclpal
R ELATIVES appearmg lmme late y a ove sec Ion 46 " . , d' 1 b t' th ereo f Act and divis!onal
1 d headmg.
are repea e .
15. Section 47 of the principal Act is amended by striking Amendment of princillal Act.
out from subsection (2) thereof the word "board" and inserting B.47- in lieu thereof the word "Minister". !~~::~l~~S for
16. Section 48 of the principal Act is amended by striking out from subsection (1) thereof the passage "board, or to the secretary or some other officer of the board" and inserting in lieu thereof the word "Director".
17. Sections 49, 50 and 51 of the principal Act are repealed.
18. The principal Act is amended by striking out the heading
"Special Provisions relating to Affiliation Cases." appearing immediately above section 52 thereof and inserting in lieu thereof the following subdivisional heading : -
Subdi'vision 2-Orders, etc. in Affiliation Cases.
19. Sections 53, 54, 55, 56 and 57 of the principal Act are repealed and the following new sections are enacted and inserted in their place : -
53. Upon complaint made in an affiliation case, a justice may, instead of issuing a summons issue a warrant under his hand for the apprehension of any person against whom a complaint has been made under this Subdivision, and for his detention until the hearing of the complaint
maintenance.
Amendment oC principal Act.
B.48- Order for payment of maintenance.
Repeal of BS. 49, 50 and 01 of principal Act.
Substitution oC new
snbdlvisional heading for heading above 8.52 of principal Act.
Repeal of ss. 53-57 of principal Act and enactmen$
of new sections in lieu thereof.
Warrant may Issue in lieu of summons.
Order for payment of jnelImllWJ' ezpeDlu.
Where order made durlnl pl'eIIl&ncy.
unless such person shall enter into a recognizance, with one or more sureties, in such sums as the justice directs, conditioned for his appearance at the hearing of the complaint.
54. (1) Where a court of summary jurisdiction, upon complaint made by or on behalf of a woman, is satisfied-
(a) that she is pregnant by the defendant (not being her husband) or has been delivered of a child or a stillborn child of whom the defendant (not being her husband) is the father; and
(b) that he has not made adequate provision for the payment of the preliminary expenses in respect of the confinement,
the court may order the defendant to pay to the Director at his office in Adelaide such amount as it thinks reasonable for or towards those preliminary expenses.
(2) A complaint under this section may be made at any time during the pregnancy of the woman or within two years after the birth of the child, but the court shall not make an order under this section before the birth of the child unless it is satisfied by the evidence or by the certificate of a medical practitioner that the woman is pregnant.
The court shall not be satisfied by the certificate of a medical practitioner unless the defendant consents to the admission thereof.
55. (1) Where an order is made under subsection (1) of section 54 of this Act during the pregnancy of the woman, thp. order shall-
(a) specify a d'ate on which the order will cease to have effect if the woman has not then been delivered of a child; and
(b) direct that all moneys payable for preliminary expenses shall be paid to the Director at his office in Adelaide.
(2) Where-
(a) the woman is not delivered of a child before the date specified in the order; or
(b) the woman is delivered of a stillborn child before the date so specified, and there is no other surviving child born to the woman during the same confinement,
1965. Maintenance Act Amendment Act, 1965. No. 54.
the order ceases to have effect on the date specified in the order or at the end of the third month after the delivery of the stillborn child, as the case may be.
(3) Where an order ceases to have effect on a date specified in it pursuant to the provisions of subsection (1) of this section any moneys paid under the order and not disbursed shall be repaid to the defendant.
(4) Where an order ceases to have effect at the end of the third month after the delivery of a stillborn child any moneys paid under the order and not disbursed shall, as directed by the court-
(a) be paid to the woman;
(b) be repaid to the defendant; or
(c) be divided between the woman and the defendant in such proportions as the court thinks fit.
217
(5) Where an order is made under subsection (1) of ~~!,o~
section 54 of this Act during the pregnancy of a woman, ro:~eDl the court or any justice may, at any time while the order
:::::!:
paidis in force, give such directions in writing as it or he thinks under order.
proper with respect to the disbursement of any amounts paid under the order, but not so as to direct the disburse- ment, before the woman is delivered of a child or a stillborn child, of amounts aggregating more than one half of the amount to be paid under the order.
56. Notwithstanding subsection (1) of section 54 of
=r
III!'t.t:e*this Act, an order for preliminary expenses may be made com:~~:
by a court of summary jurisdiction, without any complaint
=:t
father.therefor, in any proceedings against the father for the relief or maintenance of the child and such order may be made separately or may be included in any other order against the father.
57. (1) Where an order for the payment of preliminary po~er of k
expenses is made under section 54 of this Act before the frder rorID& e
birth of the child to which it relates and it appears desirable ~!~~rnee to the court making the order to provide the child with ~O~~I~I:lfo!. prellmma.ry
adequate means of support, the court may order the father expenses.
to pay such amount as it thinks reasonable for or towards the maintenance of the child from the expiration of three months after its birth.
(2) An order made under subsection (1) of this section shall not be enforceable under this Act and shall have no force or effect unless a certified copy of the registration of the birth of the child is produced to the clerk of the court by which the order is made.
Repeal and re-enactmenl of 9.5\1 of principal Act- Liability of persons admittillll aexual inter- course with mother of lUellit.imate ebUd.
Maintenance Act Amendment Act, 1965. No. 54.
(3) An order made under subsection (1) of this section shall not take effect if the child to whom it relates is stillborn or dies or is adopted before the order would otherwise take effect.
(4) An order under subsection (1) of this section shall not be made requiring a person to make payments for or towards the maintenance of a child unless-·-
(a) the person has consented to the making of the order; or
(b) the person has been given notice of the com- plainant's intention to apply for the order.
(5) Where a certified copy of the registration of the birth of the child in relation to whom an order has been made under subsection (1) of this section is produced to the clerk of the court, the clerk shall forthwith send by post to the defendant at his usual or last-known place of residence or business notice in writing of the name of the child (if shown in the certified copy of the registration of the birth of the child) and of the date and place of birth of the child and the date on which and the place at which the first payment under the order is required to be made.
20. Section 59 of the principal Act is repealed and re-enacted as follows : -
59. (1) If on the hearing of any complaint in respect of any affiliation case any male person over the age, or apparently over the age, of eighteen years admits or says that he had sexual intercourse with the mother of the illegitimate child at any time so that, in the opinion of the court, the male person may possibly be the father of the illegitimate child, the court may, upon such hearing and without complaint made for the purpose, make an order against such male person for contribution towards the preliminary expenses in respect of the mother's confinement and also, if the court thinks fit, towards the maintenance of the illegitimate child; but no order shall be made as aforesaid unless the male person has been given an opportunity of being heard by the court in respect of the making of the order.
(2) An order or orders may be made under subsection
(1) of this section against any number of male persons as provided in that subsection.
(3) If on the hearing referred to in subsection (1) of this section it is proved to the satisfaction of the court that the defendant had sexual intercourse with the said mother at such a time as aforef~aid, the court may (without limiting
