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Victoria - Legislation

Children's Welfare Act 1954 (1955 - 1959)

  • The Children's Welfare Act 1954

    The Children's Welfare Act 1954
    Details

From
1955
To
1959
Categories
Principal Act
Website
http://www5.austlii.edu.au/au/legis/vic/hist_act/cwa1954167/

The Children's Welfare Act 1954 (No. 5817) came into operation on 1 September 1955. It contained some significant changes to the Victorian system. It gave the government the power to establish its own institutions for the care of children and for the detention of young offenders. Non-government children's institutions were required to be registered with the Children's Welfare Department, and were subject to Departmental inspection. It also abolished the Department for Reformatory Schools, transferring responsibility for juvenile offenders and reformatory schools (from 1954 known as juvenile schools) to the Children's Welfare Department. The Children's Welfare Act 1954 replaced the term 'neglected child' by the term 'child in need of care and protection' - a term which was borrowed from the English Children and Young Persons Act 1933. In addition to this change in language, the Act widened the scope of children who could be judged as 'in need of care of protection'. After the new legislation came into operation in 1955, there were steep increases in the number of children coming into care in 1956 and 1957. The Children's Welfare Act 1954 was repealed by Children's Welfare Act 1958 (No.6219) on 11 April 1959.

Details

The Secretary of the Children's Welfare Department described the 1954 Act as a 'very notable milestone on the road of progress in the child welfare field of this state'. The legislation was prepared in close consultation between the government and the many 'voluntary organisations' involved in the care of children.

However, in 1963, Tierney, the Victorian child welfare academic disputed such a view that the 1954 Act was a significant reform. Tierney depicted the Act as more of the same, 'with the outdated and offensive terminology taken out'.

Section 16 of the Act ('Every child or young person who answers to any of the following descriptions shall be deemed to be a child or young person in need of care and protection …') set out the ways in which children could come into the care of the Department. The scope was made wider by the new legislation. For example, a description from the old legislation of children being in the circumstances of 'no visible means and no settled place of abode' was amended to 'no visible means or no settled place of abode'. The Secretary of the Department wrote in 1957 of this legislative amendment: 'This made it possible for more applications to be made to a Children's Court'.

The Act introduced a clause which stated that a child or young person could be found to be 'in need of care and protection' if he or she were not 'provided with sufficient or proper food nursing clothing medical aid or lodging or who is ill-treated or exposed'. This could be abbreviated on a child's records as NPSN. The 'not provided with sufficient nursing' assessment would typically be applied to infants (defined as children under 5 years), when a welfare worker judged that the physical needs of a child were not properly provided for.

Another new provision in the Act was Section 20(10) which enabled non-government institutions to apply for a child to become a ward of the state when the parent had defaulted in payments to the institution, for six months or more.

Non-offending children were now 'admitted', rather than 'committed' by the Children's Courts.

Part V of the Act relates to the Department's payment of maintenance to children's parents or carers. The 1954 Children's Welfare Act repealed the Children's Maintenance Act 1928. Part V of the 1954 legislation provided for the parents or carers of children in 'necessitous circumstances' to receive a weekly sum from the Department towards the child's maintenance. This provision assisted widows, deserted wives, and wives of prisoners to support their children and keep them in the family home. Children receiving this assistance did not come under the legal guardianship of the Department.

The Children's Welfare Act 1954 was repealed by Children's Welfare Act 1958 (No.6219) on 11 April 1959.

Timeline

 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 Neglected Children's Act 1915
                   1915 - 1929 Infant Life Protection 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
                                           1971 - 1978 Social Welfare Act 1970
                                                 1979 - 1983 Community Welfare Services Act 1978
                                                       1987 - Community Services Act 1987

Related Glossary Terms

  • In Moral Danger (c. 1954 - c. 1978)
  • State Ward (c. 1880 - 1990s)

    The terms under which a child or young person could be admitted to the 'care' of the Children's Welfare Department (or, from 1960, to the Social Welfare Branch of the Chief's Secretary's Department) are set out in Part III of the Children's Welfare Act 1954 (as well as the Children's Welfare Act 1958).

    Date: 1954 - 1970

  • Stolen Generations

Related Organisations

Publications

Books

  • Tierney, Leonard, Children Who Need Help, Melbourne University Press, Melbourne, 1963. Details

Online Resources

Photos

The Children's Welfare Act 1954
Title
The Children's Welfare Act 1954
Type
Document

Details

Sources used to compile this entry: 'Victoria: Legislation', in To remove and protect: laws that changed Aboriginal lives, Australian Institute of Aboriginal and Torres Strait Islander Studies, 2008, http://aiatsis.gov.au/collections/collections-online/digitised-collections/remove-and-protect/victoria; Tierney, Leonard, Children Who Need Help, Melbourne University Press, Melbourne, 1963; Victorian Government, 'Victorian Government Submission to the Senate Inquiry into Children in Institutional Care (Submission 173)', in Inquiry into Institutional Care: Submissions received as at 17/03/05, July 2003, http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Completed_inquiries/2004-07/inst_care/submissions/sublist; 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