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South Australia - Legislation

Aboriginal Orphans Act 1844 (1844 - 1911)

  • An Ordinance for the Protection, Maintenance and Upbringing of Orphans and other Destitute Children and Aborigines Act 1844

    An Ordinance for the Protection, Maintenance and Upbringing of Orphans and other Destitute Children and Aborigines Act 1844, courtesy of AIATSIS.
    Details

From
1844
To
1911
Categories
Principal Act
Website
http://dspace.flinders.edu.au/xmlui/handle/2328/1919

The Aboriginal Orphans Act (No 12 of 7 and 8 Vic, 1844) was passed and commenced on 28 August 1844. Its full title was: An Ordinance to Provide for the Protection, Maintenance, and Up-Bringing of Orphans and other Destitute Children of the Aborigines. It was repealed by the Aborigines Act 1911 on 7 December 1911. The Aboriginal Orphans Act 1844 allowed the Protector of Aborigines to apprentice out orphan Aboriginal children and, with parental consent, other Aboriginal children until the age of 21. It gave the Protector of Aborigines the right to visit children and to penalise employers who mistreated the apprentices.

Details

Key provision: The Protector of Aborigines made the legal guardian of every 'aboriginal and half-caste child' whose parents are dead or unknown, or one of whom agrees, until the age of 21. Any two Justices, with the consent of the Governor and one of the parents, may apprentice 'any half-caste or other aboriginal child having obtained a suitable age' until the age of 21 provided that 'due and reasonable provision is made for the maintenance, clothing and humane treatment of any apprentice.' Repealed by Aborigines Act 1911.

Timeline

 1844 - 1911 Aboriginal Orphans Act 1844
       1911 - 1937 Aborigines Act 1911
             1934 - 1963 Aborigines Act 1934
                   1962 - 1972 Aboriginal Affairs Act 1962
                         1972 - Community Welfare Act 1972

Publications

Online Resources

Photos

Protection maintenance and upbringing of orphans and other destitute children of the Aborigines - 1844. Item from South Australia. Acts of the Parliament of South Australia.
Title
Protection maintenance and upbringing of orphans and other destitute children of the Aborigines - 1844. Item from South Australia. Acts of the Parliament of South Australia.
Type
Document
Source
Digital Collections, Books and Serials, National Library of Australia

Details

An Ordinance for the Protection, Maintenance and Upbringing of Orphans and other Destitute Children and Aborigines Act 1844
Title
An Ordinance for the Protection, Maintenance and Upbringing of Orphans and other Destitute Children and Aborigines Act 1844
Type
Document
Date
1844
Source
AIATSIS

Details

Sources used to compile this entry: To Remove and Protect, South Australian Legislation, AIATSIS, 2009, http://aiatsis.gov.au/collections/collections-online/digitised-collections/remove-and-protect/south-australia; Swain, Shurlee, History of child protection legislation., Royal Commission into Institutional Responses to Child Sexual Abuse; Australian Catholic University, Commonwealth of Australia, Sydney, 2014, 91 pp, http://childabuseroyalcommission.gov.au/documents/published-research/historical-perspectives-report-1-history-of-instit.pdf;

Law Research Service, Melbourne Law School, Law Library, The University of Melbourne. 'Find and Connect Project - South Australia Legislation', 13 December 2013, held in the project files at the University of Melbourne eScholarship Research Centre.

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Prepared by: Melissa Downing, Christine Moje