Australian Capital Territory
- Adoption of Children
Ordinance 1938 (Cth)
Regulated adoption of children in the ACT
for the first time. The Child Welfare Act 1923 (NSW) which regulated
adoption in NSW did not apply in the ACT. Consent to adoption required of
parent or guardian, person with custody, or person liable to contribute to
support. Consent may be dispensed with where a person has abandoned or
deserted the infant; cannot be found; is incapable of giving consent;
persistently neglected or refused to contribute to support of infant where
liable; or where the court is satisfied that in all the circumstances it
should be dispensed with. Repealed by
Adoption of Children Ordinance 1965 (Cth).
- Child Welfare Agreement
Ordinance 1941 (Cth)
To approve an agreement made between
Commonwealth and NSW for the reception, detention and maintenance in
institutions in NSW of children committed to those institutions by courts
of the ACT. When an ACT court commits a child to a state institution, the
child may be taken by an ACT officer to a shelter in Sydney. The child
then comes under the provisions of the Child Welfare Act 1939 (NSW) as if
the child had been committed to a NSW institution by a NSW children's
court. The agreement was varied by the Child Welfare Agreement Ordinance
1962. Repealed by Children's Services
Ordinance 1986 (Cth).
- Juvenile Offenders Ordinance
1941
An ACT court may commit a child under the Neglected
Children and Juvenile Offenders Act 1905 (NSW) to a NSW institution. Repealed by Child Welfare Ordinance 1957
(Cth).
- Neglected Children and
Juvenile Offenders Ordinance 1949 (Cth)
Amended the definition
of `neglected child' in the Neglected Children and Juvenile Offenders Act
1905 (NSW). Repealed by Child Welfare
Ordinance 1957 (Cth).
-
Aborigines Welfare Ordinance 1954 (Cth)
The Minister may
exercise a general supervision and care over all `aborigines' and over all
matters affecting the interests and welfare of `aborigines'. On the
application of a parent or guardian of a child, the Minister may admit the
child to his control and provide for his/her maintenance, education and
training. A person who in the opinion of the Minister is guilty of
misconduct may be removed from a reserve. The Minister may apply to a
court for an order to remove an `aboriginal person' or a person
`apparently having an admixture of `aboriginal blood' to a reserve or such
other place as the court directs on the ground that the person `is living
in insanitary or undesirable conditions' or `should be placed under
control'. The court may also direct that the person returns to the State
or other place from which he/she came. The Minister may issue exemptions
from ordinance. Repealed by Aborigines
Welfare Repeal Ordinance 1965 (Cth).
From 1911 until 1989 a number
of NSW laws as well as Commonwealth ordinances applied in the ACT as
indicated below. Following self-government in 1989 the ACT passed its own
laws. From 1915 the legislation applying in the ACT has also applied to
Jervis Bay. For details of NSW laws refer to Appendix 1.1.
After the
Aborigines Welfare Repeal Ordinance 1965 the removal of all Aboriginal
children came under the Child Welfare Ordinance 1957 and subsequent child
welfare legislation.
- Child Welfare Ordinance
1957
Ended the application of NSW child welfare legislation to
the ACT. Where a court commits a child or young person to the care of the
Minister on the ground that the child is neglected, or a parent has
consented to the admission of a child or young person to government
control, the child may be apprenticed, boarded out, placed out or placed
as an adopted boarder. The court may also commit a neglected child to an
institution. If a child committed to an institution may be removed to NSW
for detention and maintenance in a State institution. The Minister is the
guardian of wards. Amended by Child Welfare Amendment Ordinance 1979 (Cth)
- removed powers of Minister to place a ward as an adopted boarder or
apprentice. Minister to provide accommodation and maintenance for child
admitted to government control. Minister may revoke an admission to
government control on the application of a relative. Repealed by Children's Services Ordinance 1986
(Cth).
- Infants Custody and
Settlement Ordinance 1956 No. 2 (Cth)
Repealed Infants Custody
and Settlements Act of 1899 (NSW). A court may, upon the application of a
parent, make such order as it thinks fit regarding the custody of the
infant. Where the court is of the opinion that a parent has abandoned,
neglected or deserted an infant; so conducted himself/herself that custody
should be refused; or the tender age of the infant of his/her state of
health render it expedient he/she should remain with his/her mother or
some other person then court may decline application for custody. Where a
parent has abandoned, deserted or neglected an infant, the parent must
satisfy the court that he/she is a fit person to have custody. Where the
court is satisfied that a person with custody is unfit to continue because
of cruelty or neglect, court may order the infant be given up to the
custody of another. Repealed by Infants
Custody and Settlements (Repeal) Act 1995 (ACT).
-
Adoption of Children Ordinance 1965 (Cth)
The welfare and
interests of the child are the paramount consideration. Repealed by Adoption Act 1993 (ACT).
- Children's Services
Ordinance 1986 (Cth)
Replaced Child Welfare Ordinance 1957
(Cth). Emphasises strengthening and preserving the relationship between
the child and his/her family and the desirability of leaving child in his
or her home. Where a court finds that a child is in need of care it may
make a supervision order; a residential order; commit the child to an
institution; make the child a ward of the Director of Family Services; or
refer the child to the Mental Health Tribunal for assessment.
-
Adoption Act 1993 (ACT)
An adoption order must be in accordance
with the Aboriginal Child Placement Principle.
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