Western Australian Repealed Acts

This legislation has been repealed.

CHILD WELFARE ACT 1947 - SECT 130

130 .         Offence of deserting children

        (1)         Every person who, being a parent of a child —

            (a)         deserts the child; or

            (b)         wilfully leaves the child without, or wilfully neglects to provide the child with, adequate means of support,

                commits an offence.

        Penalty: $4 000 or imprisonment for 12 months.

        (2)         Subsection (1) does not apply to a person who is obliged under a provision of an order of any court to make a payment or payments of maintenance for the benefit of the child.

        (3)         Upon an application supported by evidence on oath by the Director-General, or any other officer of the Department, that he has reasonable grounds for believing that any person has committed or is about to commit an offence under subsection (1), any justice, if satisfied that there are reasonable grounds for believing that such offence has been or is about to be committed, may issue a warrant for the apprehension of the person, and such person may thereupon be apprehended by any police officer accordingly.

        (4)         Upon the hearing of a prosecution of an offence under subsection (1), the court may determine the matter in a summary way, and if satisfied that the child has been or is about to be unlawfully deserted by the accused, or is actually without adequate means of support, and that the accused is a parent of such child, liable and able to contribute towards his maintenance, may, whether committing the child to the care of the Department or not, order the accused, either immediately or at some adjournment to pay or contribute towards the past and future maintenance of such child, in the manner provided by section 40A.

        (5)         Where an order is made under subsection (4) and it appears to the court that a person has legal custody of the child for the time being the court may by a further order transfer to that person the benefit of and the right to enforce the order made under subsection (4).

        [Section 130 inserted by No. 79 of 1965 s. 27; amended by No. 73 of 1976 s. 118, 119 and 124; No. 121 of 1984 s. 18; No. 49 of 1988 s. 33; No. 84 of 2004 s. 80.]