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8. Australian Capital Territory

From 1911 until 1989 a number of NSW laws as well as Commonwealth ordinances applied in the ACT
The laws

as indicated below. Following self-government in 1989 the ACT passed its own laws. From 1915 the
legislation applying in the ACT has also applied to Jervis Bay.

Decade Laws applying specifically to General child welfare laws/adoption

Aboriginal children laws

1880s Infants Custody and Settlements Act

of 1899 (NSW)
Repealed by Infants Custody and
Settlement Ordinance 1956 No 2 (Cth)

1900s Aborigines Protection Act 1909 (NSW) Infant Convicts Adoption Act 1901
(NSW)
Amended by
Aborigines Protection Amending Act Repealed by Child Welfare Ordinance
1915 (NSW) 1957 (Cth)

Aborigines Protection (Amendment) Act

1918 (NSW)
Aborigines Protection (Amendment) Act
1936 (NSW)
Aborigines Protection (Amendment) Act
1940 (NSW)
Aborigines Protection (Amendment) Act
1943 (NSW)
Repealed by Aborigines Welfare
Ordinance 1954 (Cth)

State Children Relief Act 1901 (NSW)

Repealed by Child Welfare Ordinance
1957 (Cth)

Children’s Protection Act 1902 (NSW)

Repealed by Child Welfare Ordinance
1957 (Cth)

Neglected Children and Juvenile

Offenders Act 1905 (NSW)
Repealed by Child Welfare Ordinance
1957 (Cth)

1930s Adoption of Children Ordinance 1938

(Cth)
Regulated adoption of children in the
ACT for the first time. The Child Welfare
Act 1923 (NSW) which regulated adoption
in NSW did not apply in the ACT.
Definitions
infant – a person under 21

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Decade Laws applying specifically to General child welfare laws/adoption

Aboriginal children laws

Key provisions
Consent to adoption required of parent
or guardian, person with custody, or
person liable to contribute to support.
Consent may be dispensed with where
a person has abandoned or deserted
the infant; cannot be found; is incapable
of giving consent; persistently neglected
or refused to contribute to support of
infant where liable; or where the court is
satisfied that in all the circumstances it
should be dispensed with.
Repealed by Adoption of Children
Ordinance 1965 (Cth)
Child Welfare Agreement Ordinance
1941 (Cth)
Definitions
child – a person under 18
Key provisions
To approve an agreement made between
Commonwealth and NSW for the
reception, detention and maintenance in
institutions in NSW of children committed
to those institutions by courts of the
ACT. When an ACT court commits a
child to a state institution, the child may
be taken by an ACT officer to a shelter
in Sydney. The child then comes under
the provisions of the Child Welfare Act
1939 (NSW) as if the child had been
committed to a NSW institution by a
NSW children’s court. The agreement
was varied by the Child Welfare
Agreement Ordinance 1962.
Repealed by Children’s Services
Ordinance 1986 (Cth)

Juvenile Offenders Ordinance 1941

Key provisions
An ACT court may commit a child under
the Neglected Children and Juvenile
Offenders Act 1905 (NSW) to a NSW
institution.
Repealed by Child Welfare Ordinance
1957 (Cth)

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Decade Laws applying specifically to General child welfare laws/adoption

Aboriginal children laws

1940s – Aborigines Welfare Ordinance 1954 Neglected Children and Juvenile

1950s (Cth) Offenders Ordinance 1949 (Cth)
Definitions Amended the definition of ‘neglected
aboriginal – a person who is a ‘full child’ in the Neglected Children and
blooded’ or ‘half-caste’ ‘aboriginal native Juvenile Offenders Act 1905 (NSW).
of Australia’ and who is temporarily or Repealed by Child Welfare Ordinance
permanently in the Territory 1957 (Cth)
child – an ‘aboriginal’ under the age of 18
Key provisions
The Minister may exercise a general
supervision and care over all ‘aborigines’
and over all matters affecting the
interests and welfare of ‘aborigines’. On
the application of a parent or guardian
of a child, the Minister may admit the
child to their control and provide for
his/her maintenance, education and
training. A person who in the opinion of
the Minister is guilty of misconduct may
be removed from a reserve. The Minister
may apply to a court for an order to
remove an ‘aboriginal person’ or a
person ‘apparently having an admixture
of ‘aboriginal blood’ to a reserve or
such other place as the court directs on
the ground that the person ‘is living in
insanitary or undesirable conditions’ or
‘should be placed under control’. The
court may also direct that the person
returns to the State or other place from
which he/she came. The Minister may
issue exemptions from ordinance.
Repealed by Aborigines Welfare Repeal
Ordinance 1965 (Cth)

After the Aborigines Welfare Repeal Ordinance 1965 the removal of all Aboriginal children came under
the Child Welfare Ordinance 1957 and subsequent child welfare legislation.

1950s Child Welfare Ordinance 1957

Ended the application of NSW child welfare legislation to the ACT.
Definitions
admit to government control – admit to control of Minister for purpose of being
apprenticed, boarded out, placed out or placed as an adopted boarder and admitted
to government control

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board out – place in care of person for purpose of being nursed, maintained, trained
or educated by that person or in that persons home
child – a person under 16
young person – a person under 18
neglected child – a child who ‘wanders about with reputed thieves or persons who
have no visible lawful means of support’; has ‘no visible lawful means of support or no
fixed place of abode’; ‘habitually wanders about in a public place with no ostensible
occupation or habitually sleeps in the open air in a public place’; ‘without reasonable
excuse not provided with sufficient or proper food, nursing, clothing, medical aid or
lodging or who is ill treated or exposed’; ‘whose parents are drunkards’; is ‘living in
conditions that indicate lapsing or likely to lapse into a life of vice or crime’; is ‘under
incompetent or improper guardianship’; is ‘destitute’; whose parents are ‘unfit to
retain the child in their care’; who is ‘falling into bad associations or exposed to moral
danger’; or who without lawful excuse does not attend school regularly
ward – includes a child ‘admitted to government control’, committed to an institution
or admitted to a hostel
Key provisions
Where a court commits a child or young person to the care of the Minister on the
ground that the child is neglected, or a parent has consented to the admission of a
child or young person to government control, the child may be apprenticed, boarded
out, placed out or placed as an adopted boarder. The court may also commit a
neglected child to an institution. If a child committed to an institution may be removed
to NSW for detention and maintenance in a State institution. The Minister is the
guardian of wards.
Amended by
Child Welfare Amendment Ordinance 1979 (Cth) – removed powers of Minister
to place a ward as an adopted boarder or apprentice. Minister to provide
accommodation and maintenance for child admitted to government control. Minister
may revoke an admission to government control on the application of a relative.
Repealed by Children’s Services Ordinance 1986 (Cth)

Infants Custody and Settlement Ordinance 1956 No. 2 (Cth)

Repealed Infants Custody and Settlements Act of 1899 (NSW). A court may, upon the
application of a parent, make such order as it thinks fit regarding the custody of the
infant. Where the court is of the opinion that a parent has abandoned, neglected or
deserted an infant; so conducted himself/herself that custody should be refused; or
the tender age of the infant of his/her state of health render it expedient he/she should
remain with his/her mother or some other person then court may decline application
for custody. Where a parent has abandoned, deserted or neglected an infant, the
parent must satisfy the court that he/she is a fit person to have custody. Where the
court is satisfied that a person with custody is unfit to continue because of cruelty or
neglect, court may order the infant be given up to the custody of another.
Repealed by Infants Custody and Settlements (Repeal) Act 1995 (ACT)

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1960s Adoption of Children Ordinance 1965 (Cth)

Definitions
child – person under 21
Key provisions
The welfare and interests of the child are the paramount consideration.
Repealed by Adoption Act 1993 (ACT)

1980s Children’s Services Ordinance 1986 (Cth)

Replaced Child Welfare Ordinance 1957 (Cth).
Definitions
child – person under 18
in need of care – includes a child who has been or is likely to be physically injured
or sexually abused; the living circumstances of the child have impaired or are likely
to impair the child’s health or lead to psychological damage; the child is engaging in
behaviour likely to be harmful; there no appropriate person to care for child; the child
has been abandoned; there is a serious incompatibility between the child and his/her
parents or guardian; or the child not attending school and this is likely to be harmful.
Key provisions
Emphasises strengthening and preserving the relationship between the child and his/
her family and the desirability of leaving child in his or her home. Where a court finds
that a child is in need of care it may make a supervision order; a residential order;
commit the child to an institution; make the child a ward of the Director of Family
Services; or refer the child to the Mental Health Tribunal for assessment.

1990s Adoption Act 1993 (ACT)

An adoption order must be in accordance with the Aboriginal Child Placement
Principle.

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