By Anne Casey.
- 1866-1901
Every child whose age
shall not exceed sixteen years
found lodging, living, residing
or wandering about in company
with reputed thieves or persons
who have no visible lawful means
of support, or with common prostitutes—
whether such reputed thieves, persons
or prostitutes be the parents or guardians
of such child or not—or who shall have
no fixed place of abode or who shall be
found begging about any street, highway,
court, passage or other public place
or who shall be found habitually
wandering or loitering about the streets
highways or public places in no ostensible
lawful occupation, or who shall be found
sleeping in the open air, may be apprehended
and sent to any Public Industrial School.
It shall be lawful for the superintendent
of any Public Industrial School to punish
any child above ten years who may leave
the school without permission
by placing such child
in close confinement
for any period not exceeding
fourteen days.
- 1901-1905
Any offender in any reformatory school
who absconds therefrom, or neglects
or refuses to conform to the rules
may be taken to gaol for any period
not exceeding three months,
such period of imprisonment
to be passed as far as practicable
in strict separation.
The superintendent or manager
of any Industrial School may punish
any child above the age of ten years,
who leaves school without permission,
by placing such child
in close confinement
for any period not exceeding
fourteen days.
iii. 1905-1923
Any child apprehended as a neglected
or uncontrollable child, or juvenile offender
shall be taken to a shelter and there detained
pending the determination of a court
to commit the child to an institution.
- 1923-1939
Any child who, in the opinion of the court,
is under incompetent or improper
guardianship, is authorised
to admit such child to State control.
- 1939-1987
All children committed to an institution
shall remain under the control
of the Superintendent of the institution
until they attain the age of eighteen
or are discharged, transferred, apprenticed
or placed-out. The superintendent
of any institution shall investigate complaints
of misconduct by any inmate:
disobedience, assaults, insulting, profane words;
irreverent behaviour at or during divine service
or prayer; idleness or negligence in work,
lying or petty thieving; any inmate found guilty—
the superintendent may order punishment:
alteration of meals for a period not exceeding
two days, isolated detention from other inmates
in a room constructed for the purpose,
corporal punishment, not exceeding
three strokes on each hand—inflicted
only with a cane of a form, and kind,
approved by the Minister.
- 1987-2010
Children, for the full
and harmonious development
of their personalities,
need love
and understanding
and, towards that end,
should, wherever possible,
grow up
in the care
and under the responsibility
of their parents,
but if that is not possible,
in an environment
of affection and moral
and material security and,
in the case of children of tender
years, should not,
except in exceptional circumstances,
be separated
from their parents;
a child is in need
of care if adequate
provision is not
being made,
or is likely
not to be made,
for the child’s care;
the child is being,
or is likely to be, abused;
or there is a substantial
and presently irretrievable
breakdown in the relationship
between the child and one
or more of the child’s parents.
Offences under the Act: child abuse,
neglect to provide adequate and proper
food, nursing, clothing, medical aid
or lodging for a child,
unauthorised removal
of children from care
or custody,
tattooing of children,
leaving children unsupervised
in motor vehicles.
vii. 1998 to present
The primary means of providing
for the safety, welfare and well-being
of children and young is long-term,
safe, nurturing, stable and secure
environments—free
of violence and exploitation—
that foster their health,
developmental needs,
spirituality,
self-respect and dignity.
In all actions and decisions
that significantly affect a child
or young person,
account must be taken
of the culture, disability,
language, religion and sexuality
of the child or young person
and, if relevant, those
with parental responsibility
for the child or young person.
Note: This cento is derived from the full text of the following statutes (sourced from Find & Connect, www.findandconnect.gov.au):
- 1866 to 1901: Destitute Children (Industrial Schools) Act 1866;
- 1901 to 1905: Reformatory and Industrial Schools Act 1901;
- 1905 to 1923: Neglected Children and Juvenile Offenders Act 1905;
- 1923 to 1939: Child Welfare Act 1923;
- 1939 to 1987: Child Welfare Act 1939;
- 1987 to 2010: Children (Care and Protection) Act 1987;
- 1998 to the present: Children and Young Persons (Care and Protection) Act 1998