AN ACT to appropriate the Sum of £400 as A.D. 1896. a Loan to the Trustees of the Road District

of Tarleton.

[23 October, 1896.]

WHEREAS the Trustees of the Road District of Tarleton have PREAMBLE. become responsible for a sum of money amounting to Four hundred Pounds, which has been expended in the construction and maintenance of Roads within the said Road District:

And whereas it is desirable to lend to the said Trustees a sum of Four hundred Pounds to liquidate such debt upon having the repayment thereof secured in the manner hereinafter appearing:

Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1 In this Act

66

Trustees" shall mean the Trustees for the time being of the Interpretation. Road District of Tarleton as now defined, or of any other Road District that may hereafter be defined which includes the whole or any portion of the first-mentioned District: "District" shall mean the Road District of Tarleton as now defined, or any other Road District that may hereafter be defined which includes the whole or any portion of the said first-mentioned District.

A.D. 1896.

Loan may be
granted to
Tarleton Road
Trust.

Loan repayable by annual payments.

Appropriation of annual payments.

If annual payments in arrear Receiver may be appointed.

Tarleton Road District Loan.

2 It shall be lawful for the Governor in Council to grant to the Trustees for the time being of the Road District of Tarleton a sum of money not exceeding Four hundred Pounds, as a Loan for the purposes herein before mentioned; and such money shall be defrayed out of moneys to be provided by Parliament for that purpose.

3 There shall be payable and paid to the Treasurer of the Colony by the Trustees the annual sum of Thirty-four Pounds for a period of Fifteen and a half years, in liquidation of the said Loan of Four hundred Pounds and interest thereon; the first of such annual sums of Thirty-four Pounds shall be paid to the Treasurer on the First day of January in the year 1898, and a like sum on the First day of January in every succeeding year for the said period; and on the First day of July in the Sixteenth year there shall be payable to the Treasurer the sum of Seventeen Pounds.

4 The Treasurer shall, out of each of the said annual payments of Thirty-four Pounds, pay to the "Commissioners of the Public Debts Sinking Fund" the sum of Twenty Pounds for the purposes of "The Public Debts Sinking Fund Act, 1881," and the remaining sum of Fourteen Pounds shall be paid into and form part of the Consolidated Revenue Fund; and out of the half-year's payment of Seventeen Pounds shall pay Ten Pounds to the Commissioners of the Public Debts Sinking Fund, and Seven Pounds shall be paid into and form part of the Consolidated Revenue Fund.

5 If at any time any annual payment due by the Trustees under this Act remains unpaid for a period of Three months, the Governor in Council is hereby empowered at any time to appoint a Receiver of Revenues of the Trustees, and any Receiver so appointed shall have all the powers and perform all the duties of a Receiver appointed under "The Local Public Works Loans Act, 1890."

WILLIAM GRAHAME, JUN.,
GOVERNMENT PRINTER, TASMANI^.

The Neglected Children and Youthful

Offenders Act, 1896.

ANALYSIS OF CONTENTS.

PREAMBLE.

1. Short Title. Division of Act.

2. Interpretation.

3. Repeal.

PART I.-RECEIVING DEPOTS, PROBATIONARY SCHOOLS,

OFFICERS, &c.

4. Receiving Depôts and Probationary Schools.

5. Secretary.

6. Duties of Secretary.

7. Inspector. Duties of Inspector.

8. Substitutes.

PART II.—TREATMENT OF NEGLECTED CHILDREN.

9. Neglected child may be apprehended without warrant.

10. Neglected children how dealt with.

11. Child residing in a brothel or with a prostitute to be taken before Justices. 12. How dealt with.

13. Power to commit to the care of the Department or Industrial School child who is not controllable by its guardian, or who is surrendered by parent for that purpose. Interpretation of "guardian" in this Section.

14. Child dealt with under 59 Vict. No. 10 may be committed under this Act. 15. Child declined by Guardians or Managers to be committed to care of · Department.

16. Form of order committing a child to the care of the Department or to a Receiving Depôt.

17. Parents neglecting their children liable to punishment. Child may be dealt with under this Act.

PART III-POWERS OF THE DEPARTMENT

WARDS.

OVER ITS
OVER

18. Secretary to be guardian of the person of ward of the Department, except as

afterwards provided.

19. Guardianship of children while detained in Receiving Depót or Probationary

School.

20. Method of transferring child from the care of the Department to a school.

21. Warrant not to be necessary to detain child.

22. Governor in Council may discharge any ward.

23. Wards of the Department how dealt with.

24. Power to visit and inspect wards boarded out, &c.

25. Constables to assist in retaining custody of wards.

PART IV. GUARDIANSHIP OF ESTATES, AND MANAGEMENT OF THE PROPERTY OF WARDS.

26. Secretary to be guardian of the estates of wards of the Department. 27. Power of the Secretary as guardian of the estate. To manage and lease

lands, &c. To recover rents. To sue for wages and earnings. To take legal proceedings on behalf of ward in other cases. To appoint authorised

PART V.-COMMITTAL TO THE CARE OF PRIVATE PERSONS. 32. Power to the Governor in Council to approve private persons or institutions to have the care of neglected children.

33. Managers of institutions to be approved by the Governor in Council. Gazette evidence of their appointment.

34. Power to Judge, Justices, &c. to commit children to the care of approved person instead of the Department.

35. Approved person or manager of approved institution to whose care children are committed to become guardians of their persons.

36. New Managers of approved institutions to succeed to the guardianship. 37. Child not to be committed to care of approved person or institution if father, &c. object, or so as to be educated in a different religion.

38. Approved person or institution to permit children to be visited and inspected. 39. Transmission of guardianship upon death of approved person or revocation of approval of person or institution.

40. Guardianship of approved person or institution to cease on revocation of approval.

41. Form of order committing child to care of approved person or institution. 42. Warrant for detention of child by approved person or institution.

43. Power to transfer child to the care of the Department for neglected children. 44. Child not to be removed out of Tasmania.

45. Maintenance money.

46. Children received into and maintained in asylums without objection on the part of their fathers or guardians for Two years not removable without the consent of the Committee or order of the Governor in Council.

PART VI.-YOUTHFUL OFFENDERS, INDUSTRIAL AND

TRAINING SCHOOLS.

(a.) Provisions relating to Industrial Schools.

47. In whom the management of Industrial School vested. 48. Industrial School may be certified.

49. Order of committal.

50. Enquiry into management. Withdrawal of certificate. 51. Contribution from Treasury.

(b.) Training Schools and Youthful Offenders.

52. Mode of certifying Training Schools.

53. Offenders under certain ages may be sent to Training Schools.

54. Mode of naming school to which offender to be sent.

55. Removal of offenders to certified Training School.

56. Officers to have powers, &c. of Constables.

57. Power to Minister to send offenders to Training Schools on conditional pardon.

58. Liabilities of Managers of Training School.

59. Power of Minister to contract with Managers of Training Schools.

60. Withdrawal of certificate.

61. Effect of withdrawal of certificate of Training School.

62. Disposal of inmates of Training School on withdrawal of Certificate. 63. Power to apprentice offenders from Gaol.

(c.) Provisions relating to Industrial and Training Schools.

64. Interpretation.

65. Guardianship while child inmate of Industrial or Training School.

66. Placing inmates out on Licence.

67. Power to apprentice offenders with their consent.

68. Children not previously placed out on Licence may be apprenticed.

69. Apprentices in legal custody of Directors.

70. Children may be apprenticed anew.

71. Duration of indenture.

72. Existing indentures and licence continued.

73. Power to make Rules. Existing Rules continued.

74. Certificate may be resigned.

75. Publication of the grant or withdrawal of certificate. Proof of certificate. 76. Service of notice on Directors of any Institution.

77. Inmates of existing Institution.

Neglected Children & Youthful Offenders.

(d.) Offences by Inmates.

78. Punishment for misconduct in Industrial School. 79. Escape of children from Industrial Schools.

80. Refusal to conform to Rules of Training School.

81. Escaping from Training School.

82. Constables to apprehend children escaping from any Institution.

iii

83. Alternative punishment of child who absconds from or misconducts himself in any Institution.

PART VII-BOARDING-OUT COMMITTEES, VISITORS, &c.

84. Committees for boarding out children.

85. Visiting Committee.

86. Religious instruction.

87. Religious instruction to youthful offenders.

88. Other \isitors.

89. Visitors' Book.

PART VIII.-LIABILITY OF PARENTS FOR MAINTENANCE.

90. Definition of parent. Where several liable.

91. Amount payable by parent how fixed.

92. Power to increase the amount.

93. Power to make order retrospective.

94. Burden of showing inability to pay to be on parent, who may be ordered to

give recognizances.

95. By whom applications may be made.

96. Maintenance money how payable.

97. Proceedings in bankruptcy not a discharge.

98. Persons too poor to pay may be relieved from payment.

99. Payment may be recovered before Justices.

100. Imprisonment to be ordered only once for the same arrears. 101. Warrant may issue in the first instance for arrest of parent. 102. Constables to assist in collecting money from parents.

103. Existing maintenance orders continued.

PART IX.-OFFENCES, PENALTIES,

104. Interpretation.

PROCEEDINGS.

AND

LEGAL

105. Penalty for entering schools, &c., or holding communication with wards of the Department.

106. Penalty for allowing ward of the Department to escape.

107. Penalty for inducing any ward of the Department to abscond, &c., or illtreating any such ward.

108. Consent of the Attorney-General required to proceedings against Secretary, &c. in his character of guardian.

109. Determination of age by Court to be conclusive.

PART X.-EVIDENCE, REGULATIONS, AND PROCEDURE.

110. Additional rules as to evidence. Judicial notice of signatures. Detention of child in Training School. Detention of child in Industrial School. What shall be deemed a new Training School. Gazette proof of Managers, Governors, &c. of Institutions.

111. Power to make Regulations.

112. Regulations to be laid before Parliament.

113. Continuation of Regulations under repealed Acts.

114. Application of Magistrates Summary Procedure Act. Appeal.

115. Penalty for breach of Act.

116. Use of forms in Schedule.

SCHEDULE.