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Legislation Aborigines Protection (Amendment) Act 1940
State of New South Wales
An Aboriginal child found to be neglected under the Child Welfare Act 1939 is to be committed to the Aborigines Protection Board as a 'ward of the Board'. Duties of the Board include 'assisting aborigines in obtaining employment' and 'maintaining or assisting to maintain them whilst so employed, or otherwise for the purpose of assisting aborigines to become assimilated into the general life of the community'. The Board no longer has duty of education of Aboriginal children but still has custody and maintenance. It is an offence to try to communicate with a ward in a home or enter any such home without the consent of the Board. Where the Children's Court finds that a child is neglected or uncontrollable under the Child Welfare Act 1939, the Court may deal with the child in accordance with that Act. Except where the Court decides that the child should be admitted to state control, the child shall be committed to the care of the Board as a ward. Where the Court decides to commit the child to an institution, the child shall be committed to an institution established under the Act. Repealed by the Aborigines Act 1969.
1940 Aborigines Protection (Amendment) Act 1940
1969 Aborigines Act 1969
- Aborigines Protection (Amendment) Act 1940 (NSW), 1940. Details
- To Remove and Protect, New South Wales: Legislation, Australian Institute of Aboriginal and Torres Strait Islander Studies, http://www.aiatsis.gov.au/collections/exhibitions/remove/NSW/legislation.html. Details
- History of the Children's Court [extracted from Blackmore, R., The Children's Court and Community Welfare in NSW, Lawlink NSW, 2009, http://www.lawlink.nsw.gov.au/lawlink/childrens_court/ll_cc.nsf/pages/CC_aboutushistoryofthechildrenscourtchildpage. Details
- Stolen Generations' Testimonies, Stolen Generations' Testimonies Foundation, 2012, http://stolengenerationstestimonies.com/index.php. Details
- Parry, Naomi, 'Such a longing': Black and white children in welfare in New South Wales and Tasmania, 1880 to 1920, Department of History, University of New South Wales, 2007, 361 pp, http://trove.nla.gov.au/work/4033481. Details
- Thinee, Kristy and Bradford, Tracy, Connecting Kin: Guide to Records, A guide to help people separated from their families search for their records [completed in 1998], New South Wales Department of Community Services, Sydney, New South Wales, 1998, http://www.community.nsw.gov.au/DOCSWR/_assets/main/documents/connectkin_guide.pdf. Details
- Aborigines Protection (Amendment) Act 1940
- Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)
Sources used to compile this entry: Parry, Naomi, 'Such a longing': Black and white children in welfare in New South Wales and Tasmania, 1880 to 1920, Department of History, University of New South Wales, 2007, 361 pp, http://trove.nla.gov.au/work/4033481.
Prepared by: Bruce A Smith
Created: 21 February 2011, Last modified: 21 December 2012