The Social Welfare Act 1970
Details
The Social Welfare Act 1970 (No.8089) created a new position in the Victorian government, the Minister for Social Welfare.
In 1971, the Social Welfare Department was established, taking over responsibility for all functions previously administered by the Social Welfare Branch. In 1978, the Community Welfare Services Act provided that the title of the Social Welfare Act 1970 be changed to the Community Welfare Services Act 1970. In 1987, the Community Services Act changed the title of this legislation to the Community Services Act 1970. The Children Youth and Families Act 2005 changed the name of this legislation again, to the Community Services (attendance at school) Act 1970.
The long title is 'An Act to establish a Social Welfare Department to make Provision with respect to the Functions of that Department, to re-enact with Amendments certain Provisions of the Children's Welfare Act 1958, the Gaols Act 1958, the Street Trading Act 1958, the Youth Organizations Assistance Act 1958 and the Social Welfare Act 1960 and for other purposes.'
It repealed the Children's Welfare Act 1958 No. 6219, Gaols Act 1958 No. 6259, Street Trading Act 1958 No. 6385, Youth Organisations Assistance Act 1958 No. 6421 and Social Welfare Act 1960 No. 6651.
In its 1976 Report, the Committee of Enquiry into Child Care Services recommended a review of the Social Welfare Act 1970, as well as the Children's Court Act 1973. The Report observed that the sections of the Social Welfare Act relating to the admission of children to state guardianship 'basically derive from the nineteenth century. They reflect the political, psychological and social beliefs of that day…'
The Norgard Report also stated that the Social Welfare Act 1970s's provisions for approving children's homes 'again date essentially from very early legislation and require a radical transformation'.
1864 - 1888 The Neglected and Criminal Children's Act 1864
1888 - 1890 The Neglected Children's Act 1887
1890 - 1915 The Neglected Children's Act 1890
1891 - 1915 Infant Life Protection Act 1890
1915 - 1929 Infant Life Protection Act 1915
1915 - 1929 Neglected Children's Act 1915
1919 - 1929 Children's Maintenance Act 1919
1919 - 1929 Children's Maintenance Act 1919
1929 - 1955 Children's Welfare Act 1928
1929 - 1958 Maintenance Act 1928
1955 - 1959 Children's Welfare Act 1954
1959 - 1971 Children's Welfare Act 1958
1960 - 1971 Social Welfare Act 1960
1971 - 1978 Social Welfare Act 1970
1979 - 1983 Community Welfare Services Act 1978
1987 - Community Services Act 1987
Sources used to compile this entry: Report of the Committee of Enquiry into Child Care Services in Victoria, July 1976; 'Victoria: Legislation', in To remove and protect: laws that changed Aboriginal lives, Australian Institute of Aboriginal and Torres Strait Islander Studies, 2008, https://aiatsis.gov.au/collection/featured-collections/remove-and-protect; Law Research Service, Melbourne Law School, Law Library, The University of Melbourne. 'Find and Connect Project - Victoria Legislation', 13 December 2013, held in the project files at the University of Melbourne eScholarship Research Centre.
Prepared by: Cate O'Neill
Created: 6 March 2009, Last modified: 20 April 2016