The Child Welfare Act 1923 was ‘An Act to Amend and consolidate certain acts relating to children.’ It abolished the State Children’s Relief Board and created the Child Welfare Department. It also replaced a range of previous acts relating to children. These were the State Children Relief Act 1901, the Children’s Protection Act 1902, the Infants’ Protection Act 1904 and the Neglected Children’s and Juvenile Offenders Act 1905. The Act introduced the first adoption legislation in New South Wales. The age of children in care, and those who could be considered juvenile criminals, was extended to 18 years, from 16 years. This Act was amended in 1924 and was repealed by the Child Welfare Act 1939.
The Child Welfare Act had similar powers to the 1905 Act to commit a ‘neglected’ or ‘uncontrollable’ child. Children who were committed to or already in institutions were placed under the control of the superintendent of the institution until the age of 18, or until they were discharged, removed, apprenticed or placed out. This Act provided the first adoption legislation, allowing adoptions if the child’s parents or guardians consent, or if a court decided the child was deserted or abandoned.