Victoria
- Neglected and Criminal Children's Act 1864
Established and regulated industrial and reformatory schools
for `neglected' children. Police may apprehend a child suspected of being
neglected who must be brought immediately before two or more Justices.
Justices may order child to be put out to service on conditions or
detained in an industrial school for between one and seven years. Parents
liable to contribute to support of inmates of schools. Amended by Neglected and Criminal Children's
Amendment Act 1874 - children under 6 years may be detained in an
industrial school; `immoral or depraved' child may be sent to a
reformatory school; neglected children may be detained up to the age of 16
years; child may be boarded out or apprenticed. Neglected and Criminal Children's Amendment Act
1878 - neglected children may be transferred from industrial to
reformatory schools; a child may be detained until the age of 18 years. Repealed by Juvenile Offenders Act
1887.
- Neglected Children's Act 1887
Maintained general provisions of 1864 Act regarding
apprehension and committal of neglected children. Introduced system of
guardianship for children committed to care on ground of neglect. Repealed by Neglected Children's Act
1890.
- Neglected Children's Act 1890
Consolidation of 1887 Act.
- Infant Life Protection Act 1890
Established a system of regulation of non-parental carers of
young children. Repealed by Infant Life
Protection Act 1915.
- Children's Court Act 1906
Created a separate court system to deal with children under the
age of 17 years charged with neglect. Repealed by Neglected Children's Act
1915.
- Neglected Children's Act 1915
Consolidation of 1890 Act. Repealed by Child Welfare Act 1928.
- Infant Life Protection Act 1915
Consolidation of 1890 Act. Repealed
by Child Welfare Act 1928
- Children's Maintenance Act 1919
Prior
to this Act mothers in this position would have to arrange for a court to
declare their children to be `neglected' and committed to the care of the
Department. The Department would then `board them back' with their mothers
who would receive the boarding out allowance from the Department. Repealed by Children's Welfare Act 1928.
- Children's Welfare Act 1928
Consolidation. Repealed by Children's
Welfare Act 1954.
- Adoption of Children Act 1928
Provided for legal adoption of children in Victoria for the first
time. Repealed by Adoption of Children Act 1958.
- Children's Welfare Amendment Act 1933
Definition of neglected altered to include a child living under
conditions that means he/she is likely to lapse into a career of vice or
crime; the child's guardian is unfit by reason of his conduct or habits,
or (if female) is soliciting or behaving in an indecent manner; a child
wandering about the streets at night without lawful cause after a member
of the police force has warned the child to cease; or a child engaged in
street trading'. Repealed by Children's
Welfare Act 1954.
- Children's Welfare Act 1954
Introduced a system of regulation for non-government children's
institutions. Children's Court to determines whether a child or young
person is in need of care. Police can arrest without warrant any child or
young person suspected of being in need of care and bring the child before
a Children's Court to be committed to the care of the department. Director
can make a range of placements including institutions, private homes,
employment or service etc. Non-government children's institutions must be
registered with the department and are known as `approved children's
homes'. An agency may apply for a child in its custody to be admitted to
State guardianship once agreed maintenance contributions fall into 6
months arrears. Repealed by Children's
Welfare Act 1958.
After
Aborigines Act 1957, the Board had no specific power in relation to
Aboriginal children. Aboriginal children were removed under the Child
Welfare Act 1954 and subsequent child welfare legislation.
- Social Welfare Act 1960
The `welfare
of the child shall be the first and paramount consideration' in placing a
child. Repealed by Social Welfare Act
1970.
- Adoption of Children Act 1964
Replaced 1928 Act. Established a stricter procedure for selecting
adoptive parents. Amended by Adoption of
Children (Information) Act 1980 - Relates to access to records of
public and private adoption agencies. Repealed by Adoption Act 1984.
- Social Welfare Act 1970 [also known
as Community Welfare Services Act 1970 and Community Services Act
1970].
Consolidation of Children's Welfare Act 1958, Social Welfare Act
1960 and amendments. Amended by
Community Welfare Services (Amendment) Act 1979 - minor changes to
definition of `child in need of care' includes emotional abuse and being
ill-treated, exposed or neglected. Not repealed but substantially amended
by Children and Young Persons Act
1989.
- Adoption Act 1984
Introduced
Aboriginal Child Placement Principle. Placement of an Aboriginal child
must be in accordance with the Principle. Consent to adoption may only be
dispensed with in special cases such as where child has been seriously and
persistently ill-treated.
- Children (Guardianship & Custody) Act
1984
Concerns duties of guardians and disputes between them.
Gives effect to the Family Law Act 1975
(Cth). Court shall not make a guardianship or custody order with
respect to an Aboriginal child unless a report has been received from an
Aboriginal Agency. Repealed by Children
and Young Persons Act 1989.
- Children and Young Persons Act 1989
Includes Aboriginal Child Placement Principle. Sets out procedures for
removing a child `in need of protection'.
back to top