AN ACT to consolidate and amend the Law A.D. 1896. relating to Destitute Children and Youthful Offenders, and to make further provision for the Care and Control of neglected Children. [23 October, 1896.]

WHEREAS it is necessary to consolidate and amend the Law PREAMBLE.

relating to Destitute Children and Youthful Offenders, and to make further provision for the Care and Control of neglected Children :

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 This Act may be cited as "The Youthful Offenders, Destitute Short title. and Neglected Children Act, 1896," and is divided into Ten Parts, as Division of Act. follows:

Part I.-Receiving Depôts, Probationary Schools, and Officers.
(Sects. 4-8.)

Part II.-Treatment of Neglected Children. (Sects. 9-17.)
Part III.-Power of the Department over its Wards. (Sects.
18-25.)

Part IV.-Guardianship of Estates, and Management of
Property of Wards. (Sects. 26-31.)

Part V.-Committal to Private Persons and certain Institutions.
(Sects. 32-46.)

A.D. 1896.

Neglected Children and Youthful Offenders.

Part VI.-Youthful Offenders, Industrial and Training Schools. (Sects. 47-83.)

84-89.)

Part VII.-Boarding-out Committees, Visitors, &c.

(Sects.

Part VIII.-Liability of Parents for Maintenance.

(Sects.

90-103.)

Interpretation.

Part IX. Offences, Penalties, and Legal Proceedings. (Sects. 104-109.)

Part X.-Evidence, Regulations, and Procedure. (Sects. 110-116.)

2 In the construction and for the purposes of this Act, and of all proceedings under this Act or under any Rule or Regulation in force or made hereunder, unless inconsistent with the subject-matter or

"Casual employment" means employment for the purposes of gain in streets or other places in vending or exposing for sale any article whatsoever, and also employment of any other kind outside the child's home, not being employment the lawful period whereof is regulated by any Act of Parliament:

"The Department means the Department for Neglected

Children:

"Gaoler" means the Keeper of any Gaol or House of Correction:

"Gazelle" means The Hobart Gazette:

"Governors means any person or persons having the manage-
ment or control of any Industrial School to which this Act
applies:
"Industrial Schcol" means any Industrial School or Institution
in which children are lodged, clothed, and fed, as well as
taught and trained in industrial occupations, and which
may be approved and certified by the Minister for the
purposes of this Act; and also includes any such existing
School or Institution which has at any time heretofore
been approved by the Chief Secretary for the purposes of
"The Industrial Schools Act, 1867," hereby repealed:
"The Inspector" means any Inspector appointed under Part I.
of this Act:

Justice" means a Justice of the Peace having jurisdiction in the place where the matter requiring the cognizance of a Justice arises :

"Justices" means Two or more Justices in Petty Sessions, and include a Police or Stipendiary Magistrate or other Justice having by law authority to act alone for any purpose with the powers of Two Justices:

"Managers" includes any person or persons having the management or control of any Training School as hereinafter defined :

The Minister" means the Responsible Minister of the Crown administering this Act:

"Neglected child" means every child apparently under the age of Fifteen years—

1. Found begging or receiving alms, whether actually or under the pretext of selling or offering for sale

Neglected Children and Youthful Offenders.

anything, or being in any street or public place for A.D. 1896.
the purpose of begging or receiving alms;

II. Found wandering and not having any home or
settled place of abode or proper guardianship or
any visible means of subsistence;

III. Found destitute, either being an orphan or having a
surviving parent who is undergoing penal servitude
or imprisonment;

IV. Associating or dwelling with any person known or
reputed to be a thief, or where both parents are
known to be habitual drunkards, or with any person
convicted of vagrancy under any Act now or here-
after to be in force, whether the person so known,
reputed, or convicted is the parent of the child or
not, and not being properly cared for by such person
or parent;

v. Having committed an offence punishable by some less
punishment than imprisonment, or punishable by
imprisonment but not convicted of felony;

VI. Being a female shall be found soliciting men, or
otherwise behaving in an indecent manner in any
street or public place;

And every child apparently under the age of Ten
years found engaged in any casual employment
during the months of May, June, July, or August,
after the hour of Seven o'clock in the evening, or
at any other part of the
year after the hour of Nine

o'clock in the evening:

Regulations" means the Regulations of the Governor in Council now in force or made in pursuance of all or any of the powers herein contained:

"The Secretary" means the Secretary of the Department:
"The Treasurer means the Treasurer of Tasmania for the
time being:
“Training School"

means any Training School for the better
training of youthful offenders which has been certified as a
school fitted for their reception either by the Minister
under this Act or by the Chief Secretary under any Act
hereby repealed:

"Ward of the Department" means

1. Any child committed under this Act to the care of the
Department or committed under this Act or any
Act hereby repealed to any school or institution or
to the care of any person or persons;

II. Also any child at present maintained at the public
expense under "The Public Charities Act, 1873,"
or who may hereafter be taken charge of and main-
tained at the public expense under the Boarding
out System or otherwise:

"Youthful offender" means any offender who, in the judgment.
of the Court or Justices before whom he or she is charged,
being a male, is under the age of Sixteen years, or, being a
female, is under the age of Eighteen years, is convicted on
an information, or in a summary manner, of any offence
punishable with imprisonment.

A.D. 1896.
Repeal.

Neglected Children and Youthful Offenders.

3 The Acts or any portion of the Acts set forth in the Schedule (1.) are hereby repealed: Provided that

I. Any enactment or document referring to any Act or enactment hereby repealed shall be construed to refer to this Act or to the corresponding enactment in this Act:

II. This repeal shall not affect

(a) The past operation of any enactment hereby repealed, nor anything duly done or suffered under any such enactment; nor

(b) Any right, privilege, obligation, or liability acquired, accrued, or incurred under any such enactment; nor (c) Any penalty, forfeiture, or punishment incurred in

respect of any offence committed against any such enactment; nor

(d) Any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid. And any such investigation, legal proceedings or remedy may be carried on and prosecuted under this Act or under any of the Acts hereby repealed.

Receiving
Depôts and
Probationary
Schools.

Secretary.

Duties of
Secretary.

PART I.

RECEIVING DEPOTS, PROBATIONARY SCHOOLS, OFFICERS, &c. 4 The Governor in Council may, from time to time, for the purposes of this Act, establish and abolish Receiving Depôts and Probationary Schools, and every such Receiving Depôt or Probationary School shall be occupied by and used for males or females exclusively as the Governor in Council may direct, save that boys under the age of Six years may be sent to Receiving Depôts occupied and used for females.

5 The Governor in Council may from time to time appoint a Secretary of the Department, and remove every such Secretary; and it shall be the duty of the Secretary, under the direction of the Minister, to carry into operation the provisions of this Act so far as the execution thereof is not expressly committed to any other person. Until any such appointment is made the Administrator of Charitable Grants shall exercise the functions and perform the duties of the Secretary.

6 The Secretary shall, on or before the Thirtieth of June in each year, submit to the Minister for the purpose of presentation to Parliament during the first Session thereafter, a report of his proceedings and accounts of the receipts and expenditure under the powers or for the purposes of this Act during the preceding year, with returns showing the number of children received and discharged, their ages, religion, parentage, birthplace, location, and cost of maintenance, and the sums contributed by relatives toward their support, together with any general remarks he may think fit to make, and there shall be annexed to such report a summary of the reports sent in by the Superintendent, or Matron, of every Probationary School, and by the Managers or Gover