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Mental Health Act Amendment Act 1976, Western Australia

The Mental Health Act Amendment Act 1976 (032 of 1976) created the ability for the government to license, fund and regulate ‘private psychiatric hostels’, ‘approved private hostels’, ‘day activity centres’ and ‘sheltered workshops’. The amendments imposed stricter conditions on voluntary organisations but also stimulated the growth of hostels for people with intellectual disabilities. Private hostel…

Health and Disability Services (Complaints) Act 1995, Western Australia

The Health and Disability Services (Complaints) Act 1995 (Act number 075/1995) integrates with Part 6 of the Disability Services Act 1993 to provide avenues for consumer and carers’ complaints to be addressed. The Health and Disability Services (Complaints) Act 1995 also established the functions of the Office of Health Review (1995-2010) and the Health and…

Criminal Law Amendment Act 1892, Western Australia

The Criminal Law Amendment Act 1892 (55 Vict. No.24) sought to ‘make better provision for the protection of women and girls’ by identifying a number of offences against morality, including defilement of all girls under 12 (s.4). Carnal knowledge of girls aged 12-14 years, ‘idiot’ and ‘imbecile’ women and girls was outlawed (s.6). It was…

Criminal Law (Mentally Impaired Accused) Act 1996, Western Australia

The Criminal Law (Mentally Impaired Accused) Act 1996 (070/1996) acknowledges that not all people who come before the courts are ‘mentally fit’ to stand trial (s.9). The Act applies to all Western Australian courts where criminal proceedings are heard, including the Children’s Court. The Act established the Mentally Accused Review Board. The Act makes provision…

Child Welfare Act Amendment Act 1965, Western Australia

The Child Welfare Act Amendment Act 1965 amended the Child Welfare Act 1947. The amendments had two key impacts on out of home care. Children were committed to the ‘care of the Department’ (s.32) or the ‘custody of the Director’ (s.4) rather than directed to placement by the Children’s Court in consultation with the Child…

Births, deaths and marriages registration 1841

The Births, deaths and marriages registration 1841 (4 & 5 Vict. No. 9) legislation required that these events be registered in Western Australia. The legislation set up the registry functions and prescribed penalties for failing to register. The registration of births and marriages in particular had a longer-term impact on the treatment of ‘illegitimate’ children…

Assisted Schools Abolition Act 1895, Western Australia

The Assisted Schools Abolition Act 1895 (59 Vict. No. 27) was designed to stop subsidising private ‘elementary’ (primary) schools in Western Australia. However, the Act allowed schools which operated ‘in connection with an Orphanage or other Institution’ as defined in the Industrial Schools Act 1874 to continue to receive grants-in-aid from the government.

Colonial Prisoners Removal Act 1894, Western Australia

The Colonial Prisoners Removal Act 1894 (58 Vict. No. 10) included Industrial and Reformatory Schools in the definition of ‘gaol’. This enabled the transfer of inmates between industrial and reformatory schools.

Bastardy Laws Act 1875, Western Australia

The Bastardy Laws Act 1875 (39 Vict. No. 8) strengthened the provisions for obtaining maintence for illegitimate children from their natural relatives. This Act enabled orphanages and other institutions where illegitimate children were in care to attempt to obtain maintenance payments from natural parents.

Factories Act 1904, Western Australia

The Factories Act 1904 regulated employment. It defined a ‘boy’ as being ‘every male under the age of fourteen years’. The Act did not cover employment in an ‘industrial or reformatory school’, or agricultural labour, or household labour. These were the main occupations of young people in out of home care, who were classified as…