Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
1 This is a compilation of the Child Welfare
Act 1947 and includes the amendments made by the other written laws
referred to in the following table 1a 11 12. The
table also contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
66 of 1947 |
10 Jan 1948 |
10 Jan 1948 |
|
|
Child Welfare Act Amendment
Act 1950 |
52 of 1950 |
18 Dec 1950 |
18 Dec 1950 |
|
Child Welfare Act Amendment
Act 1952 |
16 of 1952 |
7 Nov 1952 |
7 Nov 1952 |
|
Limitation Act Amendment Act 1935 .s
48A(1) |
35 of 1935 (as amended by No. 73 of 1954
s. 5) |
14 Jan 1955 |
Relevant amendments (see Second Sch.5) took
effect on 1 Mar 1955 (see No. 73 of 1954 s. 2 and Gazette
18 Feb 1955 p. 343) |
|
Child Welfare Act Amendment
Act 1955 |
45 of 1955 |
9 Dec 1955 |
9 Dec 1955 |
|
Child Welfare Act Amendment
Act 1956 |
36 of 1956 |
18 Dec 1956 |
18 Dec 1956 |
|
Child Welfare Act Amendment Act
(No. 2) 1956 |
77 of 1956 |
14 Jan 1957 |
14 Jan 1957 |
|
Reprint of the Child Welfare Act 1947 approved 7
May 1957 in Vol. 11 of Reprinted Acts (Includes amendments listed
above) |
|||
|
Child Welfare Act Amendment
Act 1957 |
69 of 1957 |
6 Dec 1957 |
6 Dec 1957 |
|
Child Welfare Act Amendment Act
(No. 2) 1957 |
74 of 1957 |
10 Dec 1957 |
1 Feb 1958 (see s. 2 and Gazette
31 Jan 1958 p. 167) |
|
Child Welfare Act Amendment
Act 1958 |
45 of 1958 |
12 Dec 1958 |
12 Dec 1958 |
|
Child Welfare Act Amendment
Act 1959 |
15 of 1959 |
8 Oct 1959 |
8 Oct 1959 |
|
Interstate Maintenance Recovery Act 1959
s. 3(3) |
28 of 1959 |
15 Oct 1959 |
1 Jan 1961 (see s. 2 and Gazette
16 Dec 1960 p. 3973) |
|
Reprint of the Child Welfare Act 1947 approved 25
Aug 1961 (not in a volume) |
|||
|
Child Welfare Act Amendment
Act 1962 |
22 of 1962 |
4 Oct 1962 |
1 Dec 1962 (see s. 2 and Gazette
30 Nov 1962 p. 3833) |
|
Child Welfare Act Amendment Act (No. 2)
1962 |
43 of 1962 |
1 Nov 1962 |
9 Nov 1962 (see s. 2 and Gazette
9 Nov 1962 p. 3679) |
|
Child Welfare Act Amendment
Act 1965 |
79 of 1965 |
7 Dec 1965 |
1 Mar 1966 (see s. 2 and Gazette
25 Feb 1966 p. 550; 4 Mar 1966
p. 589) |
|
113 of 1965 |
21 Dec 1965 |
s. 4-9: 14 Feb 1966 (see s. 2(2));
balance: 21 Dec 1965 (see s. 2(1)) |
|
|
Child Welfare Act Amendment
Act 1967 |
27 of 1967 |
17 Nov 1967 |
s. 23 and 24: 15 Jul 1968 (see s. 2
and Gazette 15 Jul 1968
p. 1996); |
|
Child Welfare Act Amendment Act (No. 2)
1967 |
42 of 1967 |
21 Nov 1967 |
21 Nov 1967 |
|
Child Welfare Act Amendment
Act 1968 |
29 of 1968 |
25 Oct 1968 |
25 Oct 1968 |
|
Reprint of the Child Welfare Act 1947 approved 22
Nov 1968 in Vol. 22 of Reprinted Acts (includes amendments listed
above) |
|||
|
Child Welfare Act Amendment
Act 1969 |
85 of 1969 |
17 Nov 1969 |
1 Feb 1970 (see s. 2 and Gazette
31 Dec 1969 p. 4363) |
|
Child Welfare Act Amendment
Act 1970 |
39 of 1970 |
23 Sep 1970 |
23 Sep 1970 |
|
Reprint of the Child Welfare Act 1947 approved 5
Apr 1971 |
|||
|
Child Welfare Act Amendment
Act 1971 |
52 of 1971 |
10 Dec 1971 |
10 Dec 1971 |
|
Child Welfare Act Amendment Act (No. 2)
1972 |
27 of 1972 |
9 Jun 1972 |
1 Jul 1972 (see s. 2 and Gazette
30 Jun 1972 p. 2097) |
|
Reprint of the Child Welfare Act 1947 approved 26
Apr 1974 |
|||
|
106 of 1975 |
1 Dec 1975 |
1 Jun 1976 (see s. 2 and Gazette
7 May 1976 p. 1381) |
|
|
Child Welfare Act Amendment
Act 1976 |
36 of 1976 |
9 Jun 1976 |
3 Sep 1976 (see s. 2
and Gazette 3 Sep 1976 p. 3271) |
|
Child Welfare Act Amendment Act (No. 2)
1976 |
73 of 1976 (as amended by No. 10 of 1977
s. 7-9) |
6 Oct 1976 |
s. 20(1): 1 Oct 1977 (see s. 2 and
Gazette 30 Sep 1977
p. 3519); |
|
Child Welfare Act Amendment
Act 1977 |
10 of 1977 |
30 Sep 1977 |
1 Jan 1978 (see s. 2 and Gazette
9 Dec 1977 p. 4499) |
|
Reprint of the Child Welfare Act 1947 approved 11
Nov 1977 |
|||
|
Child Welfare Act Amendment
Act 1979 |
77 of 1979 |
6 Dec 1979 |
6 Dec 1979 |
|
Acts Amendment (Misuse of Drugs) Act 1981
Pt. II |
57 of 1981 |
13 Oct 1981 |
1 Sep 1982 (see s. 2
and Gazette 20 Aug 1982 p. 3250) |
|
Acts Amendment (Criminal Penalties and Procedure)
Act 1982 Pt. III |
20 of 1982 |
27 May 1982 |
27 May 1982 |
|
Child Welfare Amendment
Act 1982 |
57 of 1982 |
22 Sep 1982 |
s. 1, 2, 4-6, 8-12, 18 and 19: 1 Nov 1982
(see s. 2 and Gazette 1 Nov 1982 p. 4377);
|
|
Acts Amendment (Bail) Act 1982
Pt. V |
87 of 1982 |
17 Nov 1982 |
6 Feb 1989 (see s. 2
and Gazette 27 Jan 1989 p. 263) |
|
Reprint of the Child Welfare Act 1947 approved 30
Aug 1984 |
|||
|
Acts Amendment (Abolition of Capital Punishment)
Act 1984 Pt. V |
52 of 1984 |
5 Sep 1984 |
3 Oct 1984 |
|
Child Welfare Amendment Act (No. 2)
1984 |
61 of 1984 |
24 Oct 1984 |
21 Nov 1984 |
|
Acts Amendment (Department for Community Services)
Act 1984 Pt. III |
121 of 1984 |
19 Dec 1984 |
1 Jan 1985 (see s. 2 and Gazette
28 Dec 1984 p. 4197) |
|
Acts Amendment (Sexual Assaults) Act 1985
Pt. IV |
74 of 1985 |
20 Nov 1985 |
1 Apr 1986 (see s. 2 and Gazette
28 Feb 1986 p. 605) |
|
Acts Amendment (Financial Administration and Audit)
Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2
and Gazette 30 Jun 1986 p. 2255) |
|
Criminal Law Amendment Act 1986
Pt. III |
89 of 1986 |
10 Dec 1986 |
14 Mar 1988 (see s. 2 and Gazette
11 Mar 1988 p. 781) |
|
Acts Amendment (Child Care Services) Act 1987
Pt. III |
105 of 1987 |
16 Dec 1987 |
1 Mar 1989 (see s. 2 and Gazette
25 Nov 1988 p. 4679) |
|
Child Welfare Amendment Act (No. 2)
1987 6 |
127 of 1987 (as amended by No. 49 of 1988 s.
91) |
21 Jan 1988 |
s. 8 and 11: 23 Jun 1989 (see s. 2 and
Gazette 23 Jun 1989 p. 1797);
|
|
Acts Amendment (Children’s Court) Act 1988
Pt. 2 |
49 of 1988 |
22 Dec 1988 |
1 Dec 1989 (see s. 2 and Gazette
24 Nov 1989 p. 4327) |
|
Acts Amendment (Spent Convictions) Act 1988 Pt.
2 |
56 of 1988 |
8 Dec 1988 |
1 Jul 1992 (see s. 2
and Gazette 26 Jun 1992 p. 2644) |
|
Criminal Law Amendment Act 1988 Pt.
5 |
70 of 1988 |
15 Dec 1988 |
1 Feb 1989 (see s. 2(1) and Gazette
20 Jan 1989 p. 110) |
|
Acts Amendment (Detention of Drunken Persons)
Act 1989 Pt. 3 |
35 of 1989 |
21 Dec 1989 |
27 Apr 1990 (see s. 2 and Gazette
27 Apr 1990 p. 2089) |
|
Reprint of the Child Welfare Act 1947 as at 23 May
1990 (includes amendments listed above) |
|||
|
Child Welfare Amendment
Act 1990 |
82 of 1990 |
20 Dec 1990 |
s. 5: 1 Dec 1989 (see s. 2(2));
s. 9: to be proc. 1a; |
|
Child Welfare Amendment Act (No. 2)
1990 |
83 of 1990 |
22 Dec 1990 |
1 Aug 1991 (see s. 2 and Gazette
1 Aug 1991 p. 3983) |
|
Criminal Law Amendment Act 1990
Pt. 6 |
101 of 1990 |
20 Dec 1990 |
14 Feb 1991 i.e. 56 days after Royal Assent
(see s. 2(1)) |
|
Children’s Court of Western Australia Amendment Act
(No. 2) 1991 s. 21 |
15 of 1991 |
21 Jun 1991 |
9 Aug 1991 (see s. 2(2) and Gazette
9 Aug 1991 p. 4101) |
|
Acts Amendment (Sexual Offences) Act 1992
s. 4(3) and 6(8) |
14 of 1992 |
17 Jun 1992 |
1 Aug 1992 (see s. 2 and Gazette
28 Jul 1992 p. 3671) |
|
Acts Amendment (Evidence of Children and Others)
Act 1992 Pt. 4 8 |
36 of 1992 |
22 Sep 1992 |
16 Nov 1992 (see s. 2 and Gazette
6 Nov 1992 p. 5415) |
|
Criminal Law Amendment Act (No. 2) 1992
s. 16(1) |
51 of 1992 |
9 Dec 1992 |
6 Jan 1993 |
|
Financial Administration Legislation Amendment
Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993
(see s. 2(1)) |
|
Acts Amendment (Ministry of Justice) Act 1993
Pt. 4 9 |
31 of 1993 |
15 Dec 1993 |
1 Jul 1993 (see s. 2) |
|
Criminal Procedure Amendment Act 1993
Pt. 3 |
45 of 1993 |
20 Dec 1993 |
17 Jan 1994
(see s. 2(1)) |
|
9 of 1994 |
15 Apr 1994 |
1 Jan 1995 (see s. 2 and Gazette
25 Nov 1994 p. 5905) |
|
|
Criminal Law Amendment Act 1994
s. 13(3) |
82 of 1994 |
23 Dec 1994 |
20 Jan 1995 (see s. 2) |
|
Young Offenders Act 1994 Pt. 11 Div.
1 10 |
104 of 1994 |
11 Jan 1995 |
13 Mar 1995 (see s. 2 and Gazette
10 Mar 1995 p. 895) |
|
Reprint of the Child Welfare Act 1947 as at 12 Jul
1995 (includes amendments listed above) |
|||
|
Sentencing (Consequential Provisions) Act 1995
Pt. 8 and s. 147 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
Industrial Relations Legislation Amendment and Repeal
Act 1995 s. 68(2) |
79 of 1995 |
16 Jan 1996 |
18 May 1996 (see s. 3(2) and Gazette
14 May 1996 p. 2019) |
|
Acts Amendment and Repeal (Family Court) Act 1997
s. 29 |
41 of 1997 |
9 Dec 1997 |
26 Sep 1998 (see s. 2 and Gazette 25 Sep 1998
p. 5295) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 30 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2) |
|
School Education Act 1999
s. 247 |
36 of 1999 |
2 Nov 1999 |
1 Jan 2001 (see s. 2 and Gazette
29 Dec 2000 p. 7904) |
|
Child Welfare Amendment
Act 2002 |
22 of 2002 |
29 Aug 2002 |
29 Aug 2002 (see s. 2) |
|
Reprint of the Child Welfare Act 1947 as at
20 Sep 2002 |
|||
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p.
7128) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 and 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005
p. 53)) |
|
This Act was repealed by the Children and Community
Services Act 2004 s. 250(1) as at 1 Mar 2006 (see s. 2 and
Gazette 14 Feb 2006 p. 695) |
|||
1a On the date as at which this compilation was prepared,
provisions referred to in the following table had not come into operation and
were therefore not included in this compilation. For the text of the provisions
see the endnote referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Child Welfare Amendment Act 1990 s. 9
7 |
82 of 1990 |
20 Dec 1990 |
To be proclaimed (see s. 2) |
|
Sentencing Legislation Amendment and Repeal
Act 2003 s. 44 13 |
50 of 2003 |
9 Jul 2003 |
To be proclaimed (see s. 2) |
|
Children and Community Services Act 2004
s. 250(1)(a) 14, 15 |
34 of 2004 |
20 Oct 2004 |
To be proclaimed (see s. 2) |
2 Formerly referred to the Community Welfare Act 1972 the
short title of which was changed to the Community Services Act 1972 by
the Acts Amendment(Department for Community Services) Act 1984 Pt. II.
The reference was changed under the Reprints Act 1984 s.
7(3)(gb).
3 Repealed by the Adoption Act 1994.
4 At the date of this compilation the subsidized facilities
under the Act are set out in an Order in Council under section 14 published
in the Gazette of 24 November 1989 p. 4328.
5 The Second Schedule was inserted by No. 73 of 1954
s. 8.
6 The Child Welfare Amendment Act (No. 2) 1987 s. 11
reads as follows:
“
11. Review and report
(1) The Attorney General shall, commencing on the second anniversary of
the commencement day, carry out a review of the operation and effectiveness of
sections 23A to 23C of the principal Act as enacted by this Act and shall
prepare a report based on his review of those provisions.
(2) The Attorney General shall cause the report prepared for the purpose
of subsection (1) to be laid before each House of Parliament not later than
6 months after the second anniversary of the commencement day and if a
House of Parliament is not then sitting, shall cause the report to be laid
before such house within 6 sitting days of the House.
(3) In subsections (1) and (2) “commencement day”
means the day on which section 8 of this Act comes into
operation.
”.
7 On the date as at which this compilation was prepared,
theChild Welfare Amendment Act 1990 s. 9
had not come into operation. It reads:
“
9. Sections 108A, 108B, 108C, 108D and 108E inserted
After section 108 of the principal Act, as inserted by
section 8, the following sections are inserted —
“
108A Licence to employ children required in relation to an
entertainment, exhibition or advertisement
(1) In this section and sections 108B, 108C and 108D,
“child” means a child under the age of 15 years.
(2) The Minister may by order published in the Government Gazette
fix a day as the appointed day for the purposes of
subsection (3).
(3) On or after the appointed day a person shall not —
(a) employ a child;
(b) cause or procure a child to be employed; or
(c) being a person who has the custody or guardianship of a child, allow
the child to be employed,
for the purpose of the child taking part in an entertainment or exhibition
or the making of an advertisement, unless the employment of the child is
authorized by a licence granted under section 108B.
Penalty: $1 000.
(4) Subsection (3) does not apply in respect of the employment of a
child where —
(a) the child is employed for the purpose of an occasional entertainment
the net proceeds of which are wholly applied for the benefit of a school or
charitable object;
(b) the child is an exempt child; or
(c) the Minister has granted an exemption under section 108D, if the
conditions, if any, subject to which the exemption was granted are complied
with.
108B. Grant of licences
(1) The Minister may, on receipt of an application containing the
information required by the regulations to be supplied in respect of the class
of licence sought, grant a licence of that class authorizing a child or children
to be employed for the purpose of taking part in an entertainment or exhibition
or the making of an advertisement, being an entertainment, exhibition or
advertisement specified or of a kind specified in the licence.
(2) The Minister shall not grant a licence for a child to be employed for
the purpose of performing in an indecent, obscene or pornographic manner in the
course of employment referred to in subsection (1) and section 108(2)
applies for the purposes of this subsection.
(3) In exercising his powers under subsection (1), the Minister may
grant —
(a) an individual licence in respect of one child;
(b) a group licence in respect of a prescribed number of children to be
employed as a group in a common activity; or
(c) a fixed term licence in respect of the employment of any number of
children during a prescribed period.
(4) The Minister shall not grant an individual licence unless he is
satisfied that proper provision has, in the manner specified in the application,
been made to safeguard the health, welfare and education of the child.
(5) In the case of an application for the grant of a group licence or a
fixed term licence, it is not necessary to identify individual children who will
be employed under any licence granted.
(6) The Minister shall not grant a group licence or a fixed term licence
unless he is satisfied that the person applying for the licence has made or will
make proper provision to safeguard the health, welfare and education of children
employed under the license.
(7) Subject to subsection (8) —
(a) an individual licence or a group licence is to be in force for such
period as is prescribed or as the Minister may determine, either generally or in
each case;
(b) a fixed term licence is to be in force for the period prescribed under
subsection (3)(c); and
(c) a licence is to be subject to such conditions as are prescribed or as
the Minister may determine, either generally or in each case,
and where the period or conditions of a licence are determined by the
Minister they are to be endorsed on the licence.
(8) The Minister may on reasonable grounds vary or cancel a
licence.
108C. Regulations for section 108B
Regulations may be made under section 149 prescribing —
(a) the form of and information to be contained in an application for a
licence;
(b) the period for which a class of licence is to be in force;
(c) the number of children that may be employed under a group
licence;
(d) the minimum age of a child for employment under a class of licence;
and
(e) conditions attaching to the grant of a class of licence, including
conditions limiting the hours of work of a child in a day or during a period or
the number of consecutive days of work.
108D. Exemption from licensing requirement
(1) The Minister may exempt a person from the requirement under
section 108A to obtain a licence to employ a child where the Minister is
satisfied that the nature and circumstances of the employment concerned are such
as to make the obtaining of a licence unwarranted.
(2) The Minister may on reasonable grounds withdraw an exemption or vary a
condition on which it was granted.
108E. Right of appeal
(1) A person who applies for or holds a licence under section 108B or
who applies for or holds an exemption under section 108D may appeal to the
court against a decision of the Minister —
(a) to refuse to grant a licence;
(b) to grant a licence subject to a condition that was imposed in the
individual case;
(c) to cancel a licence;
(d) to refuse to grant an exemption; or
(e) to withdraw an exemption.
(2) An appeal is to be instituted within 21 days of receipt by the
person of notification of the decision of the Minister, but the court may, on
application by the person, extend the time for instituting an appeal to a period
that it considers reasonable in the circumstances of the case.
(3) The Minister is a party to an appeal and the appellant shall serve on
the Minister a copy of the document instituting the appeal.
(4) Where an appeal against a decision of the Minister to cancel a licence
or to withdraw an exemption is instituted, the decision of the Minister is
stayed pending determination of the appeal, unless the court orders
otherwise.
(5) The court has jurisdiction to hear and determine an appeal under
subsection (1) and may confirm the decision of the Minister or direct the
Minister to reverse his decision or vary it in the manner specified by the
court.
(6) The Minister shall give effect to a direction under
subsection (5).
(7) Each party is to bear his own costs of an appeal, unless the court
considers that the circumstances justify the making of an award of costs, in
which case the court may award costs.
”.
”.
8 The Acts Amendment (Evidence of Children and Others)
Act 1992 s. 13 reads as follows:
“
13. Transitional provisions
(1) The following proceedings are to be determined as if this Act had not
come into operation —
(a) a proceeding on an existing complaint and an indictment arising
therefrom and any appeal in respect of any such proceeding;
(b) a proceeding on an existing indictment under section 579 of
The Criminal Code and any appeal in respect of any such
proceeding;
(c) any other proceeding within the meaning in section 106A of the
principal Act that is an existing proceeding.
(2) In subsection (1) “existing” in relation to a
complaint or indictment means made or presented before the day on which this Act
comes into operation, and in relation to any other proceeding means commenced
before that day.
”.
9 The Acts Amendment (Ministry of Justice) Act 1993
Pt. 19 reads as follows:
“
Part 19 — Savings and
transitional
68. Savings
If this Act is not passed until after 1 July 1993, anything
done after that day but before this Act is passed that would have been in
accordance with law if this Act had not come into operation but as a result of
the coming into operation of this Act is contrary to law, is deemed to be in
accordance with law.
69. Transitional
Unless the contrary intention appears, a reference, however expressed, in
any law or document to the former Department of Corrective Services or Crown Law
Department, the chief executive officer of either of those departments, or an
office or organizational unit within either of those departments, is to be read
as a reference to the Ministry of Justice, the chief executive officer of the
Ministry of Justice, or the corresponding office or unit within the Ministry of
Justice, as is appropriate.
”.
10 The Young Offenders Act 1994 Pt. 11
Div. 3 reads as follows:
“
Division 3 — Transitional
provisions
231. Interpretation Act 1984 applies
(1) This Division does not limit the operation of the Interpretation
Act 1984.
(2) Unless the context otherwise requires, a reference in a written law to
an enactment repealed by this Act includes a reference to the corresponding
provision, if any, of this Act.
(3) A reference in a written law to a facility under the Child Welfare
Act 1947 may, where the context so requires, be read as including or
being a reference to a facility of a corresponding kind, if any, under this
Act.
232. Orders for past matters
(1) An order can be made under this Act by the court in dealing with an
offence even though —
(a) the offence for which the person is before the court may have been
committed;
(b) the default in payment may have occurred; or
(c) the sentence to which the order relates may have been
imposed,
as the case requires, before the commencement of the provision of this
Act under which the order is made.
233. Orders under former provisions
This Act applies to an order made under a provision repealed by this Act
that is still in force when that provision is repealed as if the order were made
under the provision of this Act that most nearly corresponds to the repealed
provision.
234. Detention centres under Child Welfare
Act 1947
(1) In this section —
“former provisions” means the provisions of the
Child Welfare Act 1947 as in force immediately before the
commencement of section 13.
(2) The declaration of a detention centre under the former provisions is
to be taken to have been made under this Act.
(3) The appointment of a person as a visiting justice for a detention
centre under the former provisions is taken to have been an appointment under
this Act.
235. Proceedings pending before children’s panels
(1) In this section —
“former provisions” means the provisions of the
Child Welfare Act 1947 as in force immediately before the
commencement of section 32.
(2) If proceedings for a matter are pending before a children’s
panel under the former provisions when section 32 commences, the matter is
to be taken to have been referred under this Act to a juvenile justice
team.
”.
11 The amendments in the Child Welfare Amendment
Act 1984 are not included because they were repealed by the Child
Welfare Amendment Act 1990 s. 12 before they came into
operation.
12 The amendments to this Act in the Acts Amendment Mental
Health Act 1981 Pt. I never came into operation. This was because
the Mental Health Act 1981 never came into operation and was
repealed by the Mental Health Act 1996 s. 73.
13 On the date as at which this compilation was prepared, the
Sentencing Legislation Amendment and Repeal Act 2003 s. 44had not
come into operation. It reads as follows:
“
44. Child Welfare Act 1947 amended
(1) The amendments in this section are to the Child Welfare
Act 1947.
(2) Sections 130A(5) and 138A are each amended by deleting the
penalty clause and inserting the following penalty clause instead —
“ Penalty: $400. ”.
”.
14 On the date as at which this compilation was prepared, the
Children and Community Services Act 2004 s. 250(1)(a) had not come
into operation. It reads as follows:
“
250. Repeal, transitional and savings provisions
(1) The following Acts are repealed —
(a) the Child Welfare Act 1947;
.....
”.
15 On the date as at which this compilation was prepared, the
Children and Community Services Act 2004 s. 250(3) which gives
effect to Sch. 1, had not come into operation. It reads as follows:
“
250. Repeal, transitional and savings provisions
(3) Schedule 1 has effect in relation to the repeals effected by
subsection (1).
”.
Schedule 1 reads as follows:
“
Schedule 1 — Transitional and
savings provisions
[s. 250(3)]
Division 1 — Introductory
matters
1. Meaning of terms used in this Schedule
In this Schedule, unless the contrary intention appears —
“authorisation” means —
(a) an approval under the Child Welfare Act 1947
section 111; or
(b) a licence under the Child Welfare Act 1947
section 112;
“commencement day” means the day on which
section 250 comes into operation;
“existing appeal” means an appeal under the
Children’s Court of Western Australia Act 1988
section 42(1) or 43(4) that has not been finally determined before
commencement day;
“existing order” means an order made under the Child
Welfare Act 1947 section 30 that is in force immediately before
commencement day;
“existing proceedings” means proceedings under the
Child Welfare Act 1947 section 30 that have not been finally
determined before commencement day;
“extended order” means an existing order that applies
to a child after the child reaches 18 years of age because of an extension
under the Child Welfare Act 1947 section 49(1);
“repealed Act” means an Act repealed by
section 250.
2. Interpretation Act 1984 not affected
The provisions of this Schedule do not affect the application of the
Interpretation Act 1984 to and in relation to the repeals effected
by section 250.
Division 2 — Provisions related to
repeal of Child Welfare Act 1947
3. Existing orders
(1) On and after commencement day an existing order that applies to a
child until the child reaches 18 years of age has effect as if it were a
protection order (until 18).
(2) On and after commencement day an existing order, other than an
existing order referred to in subclause (1) or an extended order, has
effect as if it were a protection order (time-limited).
(3) An order to which subclause (2) applies has effect —
(a) if the period until the order is due to expire is less than
2 years, for that period; or
(b) in any other case, for a period of 2 years from commencement
day.
4. Extended orders
On and after commencement day the Child Welfare Act 1947
continues to apply to and in respect of an extended order as if that Act had
not been repealed.
5. Existing proceedings
(1) Existing proceedings are to be dealt with and determined under the
Child Welfare Act 1947 as if that Act had not been
repealed.
(2) If, at the conclusion of existing proceedings, an order commits a
child to the care of the Department or places the child under the control of the
Department, the order has effect —
(a) if the order applies to the child until the child reaches
18 years of age, as if it were a protection order (until 18); or
(b) in any other case, as if it were a protection order
(time-limited).
(3) An order to which subclause (2)(b) applies has
effect —
(a) if a period of less than 2 years is specified in the order, for
that period; or
(b) in any other case, for a period of 2 years from the day on which
the order is made.
(4) An order made under the Child Welfare Act 1947
section 29(3aa) that is in force immediately before commencement day has
effect on and after that day as if that Act had not been repealed.
6. Existing appeals
(1) An existing appeal is to be dealt with and determined as
if —
(a) the Children’s Court of Western Australia Act 1988
had not been amended by this Act; and
(b) the Child Welfare Act 1947 had not been
repealed.
(2) If, at the conclusion of an existing appeal, an order commits a child
to the care of the Department or places a child under the control of the
Department, the order has effect —
(a) if the order applies to the child until the child reaches
18 years of age, as if it were a protection order (until 18); or
(b) in any other case, as if it were a protection order
(time-limited).
(3) An order to which subclause (2)(b) applies has
effect —
(a) if a period of less than 2 years is specified in the order, for
that period; or
(b) in any other case, for a period of 2 years from the day on which
the order is made.
7. Records under s. 11
On and after commencement day records kept under the Child Welfare
Act 1947 section 11 in respect of wards and children placed under
the control of the Department are to be taken to be records kept by the CEO for
the purposes of section 128.
8. Operation of orders under s. 13 or 14
An order made under the Child Welfare Act 1947
section 13 or 14 that is in force immediately before commencement day
ceases to have effect on that day.
9. Children detained under s. 29(3a)
(1) A child who immediately before commencement day is detained in a
hospital under the Child Welfare Act 1947 section 29(3a) is to
be taken on and after that day to be kept in the hospital under
section 40(2).
(2) If subclause (2) applies to a child the period for which the
child was detained in the hospital before commencement day is to be taken into
account for the purposes of section 40(7).
10. Orders under s. 40A
An order made under the Child Welfare Act 1947
section 40A that is in force immediately before commencement day has effect
on and after that day as if it were an order under section 73.
11. Applications under s. 47
An application made to the Minister or the Court under the Child
Welfare Act 1947 section 47(2) that has not been finally
determined immediately before commencement day is to be dealt with and
determined under that Act as if it had not been repealed.
12. Notices under s. 107A or 107B
A notice under the Child Welfare Act 1947
section 107A(4) or 107B(4) that is in force immediately before commencement
day has effect on and after that day as if it were a notice under
section 193(2).
13. Warrants
A warrant issued under the Child Welfare Act 1947
section 67 that is in force immediately before commencement day has effect
on and after that day as if it had been issued under this Act.
14. Authorisations under s. 111 or 112
(1) An authorisation that is in force immediately before commencement day
has effect on and after that day as if it were an approval under
section 104(3).
(2) Despite section 104(4)(b), an authorisation referred to in
subclause (1) has effect, under and subject to this Act, for the remainder
of the period for which it would have had effect if the Child Welfare
Act 1947 had not been repealed.
15. Orders and proceedings under Part VIIIA
(1) An application under the Child Welfare Act 1947 Part VIIIA
that has not been finally determined immediately before commencement day is to
be dealt with and determined under the corresponding provision of
Part 6.
(2) An interim order made under the Child Welfare Act 1947
section 120P that is in force immediately before commencement day has
effect on and after that day as if it were an interim order under the
corresponding provision of Part 6.
(3) An appeal under the Child Welfare Act 1947
section 120L or 120Q that has not been finally determined immediately
before commencement day is to be dealt with and determined as if it were an
appeal under the corresponding provision of Part 6.
16. Orders under s. 146A
An order made under the Child Welfare Act 1947
section 146A that is in force immediately before commencement day has
effect on and after that day as if that Act had not been repealed.
Division 5 — General
24. References to repealed Acts
If in a written law or other document or instrument there is a reference
to a repealed Act, the reference is to be read, unless the context otherwise
requires, as if it had been amended to be a reference to this Act.
”.
Defined
terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined term Provision(s)
child 4(1)
child in need of care and
protection 4(1)
child protection order 120B(1)
child protection
proceeding 120B(1)
child welfare law 120B(1)
Children’s
Court 120B(1)
corresponding
authority 10C(1)
court 4(1)
Department 4(1)
Director-General 4(1)
drug 4(1)
employ 108(4)
employment 107B(1)
exempt
child 106
foster parent 4(1)
governing authority 4(1)
home
order 120B(1)
interim order 120B(1)
interstate law 120B(1)
interstate
officer 120B(1)
lying-in home 4(1)
maintenance 4(1)
maintenance
order 4(1)
near
relative 4(1)
officer 67(1)
parent 4(1)
participating
State 120B(1)
place out 4(1)
police officer 4(1)
prohibited
plant 4(1)
proposed interstate order 120C(1), 120J(1)
public
authority 10C(1)
public place 4(1)
registrar of the
court 120B(1)
relevant information 10C(1)
remote
communication 68(1)
sending
State 120B(1)
State 120B(1)
street 4(1)
street
trading 4(1)
subsidized facility 4(1)
taking part in an entertainment or
exhibition 108(3)
transferred order 120W(1)
ward 4(2)
working
day 120B(1)