Immigration (Guardianship of Children) Act 1946 (1946 - 1973)

Under the Immigration (Guardianship of Children) Act 1946, the Minister's legal guardianship continued until the minor reached majority (ie. Turned 21) or was exempted from the provisions of the Act under a discretionary right of the Minister or delegate. Exemptions were usually only granted if the minor was over the age of 18 years and the custodial arrangements of the nominator satisfied the state department. The Act provided for the legal guardian (ie. The state department) to oversee custody of the minor and the estate of the minor and thus empowered the state department to make home visits, consent to the marriage of the minor and approve their transfer to another state or overseas. Custodians included individuals and welfare and religious organisations such as the Big Brother Movement, Dr Barnardos Homes and institutions run by the Salvation Army and the Catholic, Presbyterian, Anglican and Methodist churches.