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Papua New Guinea Consolidated Legislation |
Child Welfare Act 1961
This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force
at 1 July 2001.
.........
Legislative Counsel
Dated 25 November 2006
INDEPENDENT STATE OF PAPUA NEW GUINEA.
Chapter 276.
ARRANGEMENT OF SECTIONS.
MADE under the Child Welfare Act 1961.
Dated 200 .
PART I. – PRELIMINARY.
In this Regulation, unless the contrary intention appears–
“accident” means an accident requiring treatment by a medical practitioner or medical assistant;
“allowance” means an allowance under Section 14 of the Act;
“home” means a home for mentally defective children established under Section 22 of the Act;
“honorary lady visitor” means a person appointed under Section 12 of the Act to be an honorary lady visitor;
“honorary welfare officer” means a person appointed under Section 12 of the Act to be an honorary welfare officer;
“illness” means an illness requiring treatment by a medical practitioner or medical assistant;
“visitor”, in relation to an institution or home, means a person appointed under Section 11 of the Act to be a visitor to the institution or home.
PART II. – VISITORS TO HOMES AND INSTITUTIONS.
(1) Subject to Subsection (2), a visitor shall visit and inspect the institution or home to which he is appointed at least once in each period of three months and, in addition, whenever so directed by the Minister.
(2) When a visitor is unable to carry out an inspection under Subsection (1), he shall notify the Minister and the Minister may appoint another person to carry out that inspection in the place of the visitor.
(3) For the purposes of an inspection under Subsection (1), a visitor–
(a) has access at all reasonable times to all parts of the institution or home to which he is appointed; and
(b) may question any person in regard to any matter that in his opinion may affect the health, welfare or progress of a child in the institution or home.
(4) This section does not authorize a visitor to inquire into the circumstances relating to the admission to or retention in an institution or home of a child.
Within seven days, or such further time as the Director in a particular case allows, after making a visit under Section 2, a visitor shall forward to the Director a report on–
(a) the management and conduct of the institution or home; and
(b) the conduct of the staff; and
(c) the health, welfare and progress of the children in the institution or home; and
(d) such other matters as appear to him to be relevant.
Any information concerning a child in an institution or home coming to the knowledge of a visitor shall be treated by the visitor as confidential.
PART III. – HONORARY WELFARE OFFICERS AND HONORARY LADY VISITORS.
An honorary welfare officer and an honorary lady visitor shall confine his or her activities to the area specified in the instrument of his or her appointment, and to the cases assigned to him or her by the Director.
An honorary welfare officer and an honorary lady visitor shall–
(a) at all reasonable times have access to institutions or homes for which he or she is appointed; and
(b) maintain such personal contact with the children in the institutions and homes and their custodians as is necessary to determine that their health, welfare and progress is adequately safeguarded; and
(c) advise the Director from time to time as to the suitability or otherwise of those institutions or homes for the children maintained there.
In relation to a child in respect of whom an allowance is granted, an honorary welfare officer and an honorary lady visitor shall–
(a) maintain contact with the home and child concerned; and
(b) ascertain whether or not the allowance granted is being expended for the benefit of the child; and
(c) report to the Director if he or she thinks that–
(i) circumstances have arisen that would justify the termination of or a variation in the allowance granted; or
(ii) by reason of the habits or misconduct of a person living in that home, the welfare of the child concerned might be adversely affected.
The Director shall cause an honorary welfare officer and an honorary lady visitor to be given such information with respect to children as is necessary to enable him or her to perform the duties imposed on him or her by the Act and this Regulation.
An honorary welfare officer and an honorary lady visitor shall be reimbursed by the State for any expenses that the Director certifies have reasonably been incurred by him or her in the performance of his or her duties.
Any information concerning a child coming to the knowledge of an honorary welfare officer or an honorary lady visitor in the course of his or her duties shall be treated by him or her as confidential.
(1) An authority card issued under Section 12(3) of the Act shall be in Form 1.
(2) An honorary welfare officer and an honorary lady visitor must, on the termination of his or her appointment, deliver his or her authority card to the Director.
Penalty: A fine not exceeding K20.00.
(3) Except for the purpose of Subsection (4), a person, other than an honorary welfare officer, an honorary lady visitor or the Director, who has or retains an authority card in his possession is guilty of an offence.
Penalty: A fine not exceeding K20.00.
(4) A person, other than an honorary welfare officer or an honorary lady visitor, who comes into possession of an authority card must immediately deliver it to a commissioned officer of the Police Force for delivery to the Director.
Penalty: A fine not exceeding K40.00.
PART IV. – ALLOWANCES IN RESPECT OF CERTAIN CHILDREN.
An application for an allowance shall be in Form 2.
Where an applicant for an allowance is a deserted wife or the mother of an illegitimate child, an allowance shall not be granted unless the Director is satisfied that the applicant has taken reasonable action to compel the father of the child to contribute towards the maintenance of the child.
(1) The allowance may be discontinued or varied if any change occurs–
(a) in the circumstances as disclosed in the particulars furnished with the application for the allowance; or
(b) in any other circumstances that were taken into account in determining whether or not the allowance should be granted.
(2) The person to whom the allowance is paid shall–
(a) notify the Director immediately of any change of address; and
(b) promptly and truthfully reply to all inquiries addressed to him by the Director, or a person authorized by the Director in writing for the purpose, relating to–
(i) any of the particulars furnished in the application for the allowance; or
(ii) any other circumstances that were taken into account in determining whether or not the allowance should be granted.
(3) A person authorized by the Director for the purpose shall have access to–
(a) the child for whose support the allowance is granted; and
(b) the place at which the child resides,
and for that purpose shall be permitted to make visits to that place as and when the Director thinks fit.
An allowance shall be of such amount or value as the Director determines having regard to all the circumstances but shall not in any case be of greater amount or value than K7.00 per week in respect of each child for whom assistance is granted.
PART V. – INSTITUTIONS.
(1) An application for the approval of an establishment as an institution shall be made to the Director in Form 3.
(2) On receipt of an application under Subsection (1), the Director shall–
(a) cause such inquiries to be made in relation to the application as he thinks necessary; and
(b) submit the application to the Minister with his recommendation.
In relation to a child in an institution, the superintendent shall–
(a) provide the child with, or cause him to be provided with, suitable and adequate food, lodging and clothing; and
(b) provide the child with, or cause him to be provided with adequate and suitable education and recreation; and
(c) train the child, or cause him to be trained, in habits of diligence and usefulness, provide him or cause him to be provided with good moral and religious training and, as far as practicable, send him or cause him to be sent to a place of worship or Sunday School at least once in each week; and
(d) ensure that any household duties performed by the child are not unreasonable for a person of his age and physical development; and
(e) notify the Director immediately of any change of his address or of any period of absence of the child from the institution; and
(f) ensure that the child does not leave the institution to reside in another institution without the permission of the Director; and
(g) give immediate notice to the Director and to the officer-in-charge of the nearest police station if the child absconds, leaves his care or dies.
At any time after the approval of an establishment as an institution, the Director may cause an examination of the establishment to be made for the purpose of determining–
(a) the nature and suitability of the sleeping, dining, recreational, educational and other facilities provided; and
(b) the adequacy or otherwise of the bathroom, kitchen, laundry and other domestic provisions; and
(c) the staff arrangements, including the duties, hours of duty and conditions of employment of each employee; and
(d) the method in operation for the provision of medical attention; and
(e) the procedure adopted for the correction of misbehaviour on the part of the children in the institution; and
(f) the extent to which children in the institution are required to perform day-to-day duties in the institution, as distinct from any temporary tasks of a training or disciplinary nature; and
(g) the methods of training, education and general rehabilitation employed in relation to children in the institution; and
(h) generally, the methods of organization and management operating in the institution and the adequacy or otherwise of the provisions existing for the care and welfare of children in the institution.
The superintendent of an institution shall comply with any reasonable direction given by the Director for the more effective control and supervision of the institution and the children in the institution.
All officers and employees on the staff of an institution shall regard as strictly confidential any information coming to their knowledge in the course of their duties concerning a child in the institution or the circumstances associated with the admission of a child to the institution.
(1) Ministers of religion, relatives and friends may visit a child in an institution at such times as the Director, in his absolute discretion, permits, and a permit may be granted subject to such conditions as the Director thinks proper.
(2) Where the superintendent of an institution is of opinion that a person holding a permit under Subsection (1) is behaving or is likely to behave in such a manner as to be detrimental to the child concerned, he may refuse the person permission to enter the precincts of the institution.
(3) If a person holding a permit under Subsection (1) visits an institution and commits a breach of a condition under which the permit was granted–
(a) the permit may be immediately revoked by the superintendent of the institution; and
(b) the person may be directed to leave the institution immediately.
(4) The superintendent of an institution shall keep a record of the names and addresses of persons visiting a child in the institution, together with the dates of the visits.
(1) The superintendent of an institution shall keep a register of children who have been directed to be kept in the institution.
(2) The register referred to in Subsection (1) shall be in Form 4.
(1) In the management, control and supervision of an institution, every effort shall be made by the superintendent to enforce discipline without the use of corporal punishment.
(2) Corporal punishment may be ordered only by the superintendent.
(3) Where corporal punishment is inflicted, a record of the punishment shall be entered in a book to be kept for the purpose by the superintendent.
(4) A book referred to in Subsection (3) shall be in Form 5.
(5) Corporal punishment shall only be inflicted subject to the following conditions:–
(a) it shall be inflicted only with a cane of a form and kind approved by the Director; and
(b) it shall be applied to the hands only, and shall not exceed two strokes on each hand; and
(c) it shall not be inflicted on a sick child or in the presence of another child; and
(d) it shall not be inflicted–
(i) on a male child of or over the age of 16 years; or
(ii) on a female child of or over the age of 15 years; or
(iii) on a child suffering from any mental or physical disability where a medical practitioner approved by the Director, or some other person approved by the Director, certifies that corporal punishment should not be inflicted on the child.
The superintendent of an institution shall not, without the approval of the Director, accept from a relative of a child in the institution or from any other person monetary assistance towards the maintenance of the child.
The superintendent of an institution shall notify the Director immediately in the event of any illness of or accident to or death of a child in the institution and in the event of death shall also notify the officer-in-charge of the nearest police station.
The superintendent of an institution shall not permit a child in the institution to leave the institution without the approval of the Director, and in the event of a child absconding shall notify the Director and the officer-in-charge of the nearest police station immediately.
The superintendent of an institution shall furnish a return to the Director, on or before the seventh day in each month showing the names, dates of birth and dates of admission or discharge of children admitted or discharged from the institution during the month before the day on which the return is furnished.
PART VI. – MENTALLY DEFECTIVE CHILDREN.
An order under Section 24 of the Act admitting a child to a home shall be in Form 6.
An order under Section 26(1) of the Act discharging a child from a home shall be in Form 7.
(1) An order under Section 26(2) of the Act, releasing on licence a person admitted as a mentally defective child shall be in Form 8.
(2) For the purposes of Section 26(2) of the Act, the prescribed conditions of a release on licence are the conditions set out in Form 8.
An order under Section 26(3) of the Act recommitting a child referred to in Section 36(1) of the Act shall be in Form 9.
PART VII. – DESTITUTE, NEGLECTED, INCORRIGIBLE AND UNCONTROLLABLE CHILDREN.
The rate of payment for the accommodation of a child placed in the home of an officer of the Police Force under Section 37 of the Act shall be K3.50 for each day or part of a day for which the child is so accommodated.
A notice required to be given under Section 40(3) of the Act shall be in Form 10.
PART VIII. – TRANSFER OF MINORS FROM CORRECTIVE INSTITUTIONS, ETC., TO INSTITUTIONS UNDER THE ACT.
An order under Section 48(1) of the Act directing the transfer of a detainee to an institution shall be in Form 11.
An order under Section 48(4) of the Act for the transfer of a person to a corrective institution or lock-up shall be in Form 12.
PART IX. – WARDS.
(1) A contract of apprenticeship under Section 73(2) of the Act shall be in a form approved by the Director.
(2) A contract in relation to employment under Section 73(2) of the Act shall be in a form approved by the Director.
The Director may, in his absolute discretion, invest all or portion of the money held under Section 73(4) of the Act in investments authorized by the Trustees and Executors Act.
An application under Section 75(4) of the Act for the return to Papua New Guinea of a child ceasing to be a ward shall be in Form 13, and shall be forwarded to the Director within three months of the child ceasing to be a ward.
PART X. – LICENSING OF CHILD-MINDING AND CHILD CARE CENTRES, ETC.
In this Part, unless the contrary intention appears–
“child care establishment” means a place used or intended to be used for the reception and care of a child or children, under the age of seven years, apart from his or their mother or other parent;
“child-minding centre” means a creche, day nursery or baby-minding or child-minding centre, or any other place used or intended to be used for a similar purpose, but does not include–
(a) a pre-school or similar institution conducted by the State; or
(b) a child care establishment;
“licence” means a licence under Section 83 of the Act.
(1) An application for a licence in respect of–
(a) a child care establishment shall be in Form 14; and
(b) a child-minding centre shall be in Form 15,
and shall be made to the Director.
(2) An application under Subsection (1) shall be accompanied by a certificate signed by–
(a) a medical practitioner; or
(b) a minister of religion; or
(c) a commissioned officer of the Police Force; or
(d) some other responsible person approved by the Director,
as to the fitness of the applicant for the care and custody of children.
Before granting a licence, the Director shall satisfy himself as to–
(a) the sanitary condition of the place proposed to be licensed; and
(b) the provision made for the accommodation for children; and
(c) the suitability of the place for the purpose for which it is proposed to be licensed.
(1) A licence issued in respect of–
(a) a child care establishment shall be in Form 16; and
(b) a child-minding centre shall be in Form 17.
(2) A licence shall specify–
(a) the purpose for which it is granted; and
(b) the maximum number of children who–
(i) in the case of a child care establishment–may be received and cared for in the establishment; and
(ii) in the case of a child-minding centre–may attend the centre.
In addition to any conditions that are imposed by the Director, a licence is subject to the following conditions:–
(a) each child shall be cared for to the satisfaction of the Director; and
(b) the structures and buildings constituting the child-minding centre, or the child care establishment, as the case may be, and all fittings, equipment and requisites shall be maintained to the satisfaction of the Director; and
(c) the child-minding centre or child care establishment, as the case may be, must be equipped with such means of extinguishing fire as the Director may specify from time to time, in writing, and the equipment must be kept at all times in efficient working order; and
(d) at no time will a greater number of children than the maximum number specified in the licence be permitted to enter or remain on the child-minding centre or child care establishment; and
(e) the person in charge of the child-minding centre or child care establishment shall–
(i) notify the Director of any child who meets with an accident or suffers from an illness; and
(ii) secure medical aid for the child; and
(f) the person in charge of the child-minding centre or child care establishment must retain the qualifications (if any) specified in the application for the licence; and
(g) the staff of the child-minding centre or child care establishment shall be maintained at the number specified in the licence and with the like qualifications as those so specified; and
(h) at all times the children shall be under the supervision of the person in charge of the child-minding centre or child care establishment or some other person approved in writing by the Director.
(1) The particulars of a child received into a child care establishment shall be entered on Form 18 and the form shall be forwarded to the Director within seven days of the reception of the child.
(2) Where the care of a child referred to in Subsection (1) is relinquished, a notice of relinquishment in accordance with Form 19 shall be forwarded to the Director within seven days of the relinquishment of the care of the child.
(1) A notice of the death of a child at a child care establishments shall–
(a) be in Form 20; and
(b) be forwarded to the Director within seven days of the death of the child.
(2) A notice of illness or accident of a child at a child care establishment shall be in Form 21.
A notice of change of the place of abode of the person in charge of a child care establishment required by Section 90 of the Act shall be in Form 22.
A register required by Section 84 of the Act to be kept in relation to a child care establishment shall be in Form 23 and shall contain the information specified in that form.
PART XI. – PENALTIES.
A person who contravenes or fails to comply with any provision of this Regulation, or who fails to comply with an order or notice made or given under this Regulation, is guilty of an offence.
Penalty: If no other penalty is provided, a fine not exceeding K100.00.
SCHEDULE 1
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 1 – Authority Card.
Act, Sec. 12(3). Form 1. Reg., Sec. 11(1).
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 2 – Application for Child Allowance.
Act, Sec. 14. Form 2. Reg., Sec. 12.
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 3 – Application for Approval of Establishment as an Institution under the Child Welfare Act.
Act, Sec. 16. Form 3. Reg., Sec. 16(1).
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 4 – Register of Children.
Reg., Sec. 22. Form 4.
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 5 – Punishment Book.
Act, Sec. 109 Form 5.Reg., Sec. 23(4).
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 6 – Order for Admission of Child to Home for Mentally Defective Children.
Act, Sec. 24. Form 6.Reg., Sec. 28.
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 7 – Order for Discharge from Home for Mentally Defective Children.
Act, Sec. 26(1). Form 7.Reg., Sec. 29.
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 8 – Order for Release on Licence from Home for Mentally Defective Children.
Act, Sec. 26(2). Form 8.Reg., Sec. 30.
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 9 – Order Revoking Release on Licence and Recommitting to Home for Mentally Defective Children.
Act, Sec. 26(3). Form 9.Reg., Sec. 31.
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 10 – Notice to Guardian of Hearing.
Act, Sec. 40(3). Form 10.Reg., Sec. 33.
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 11 – Order for Transfer of a person from Corrective Institution/Police Lock-up to Institution under the Child Welfare Act 1961.
Act, Sec. 48(1). Form 11.Reg., Sec. 34.
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 12 – Order Retransferring person to Corrective Institution/Police Lock-up.
Act, Sec. 48(4). Form 12.Reg., Sec. 35.
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 13 – Application by Former Ward for Return to Papua New Guinea.
Act, Sec.75(4). Form 13.Reg., Sec.38.
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 14 – Application for a Licence for a Child Care Establishment.
Act, Sec.83. Form 14.Reg., Sec.40(1)(a).
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 15 – Application for a Licence for a Child-minding Centre.
Act, Sec. 83. Form 15.Reg., Sec. 40(1)(b).
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 16 – Licence as a Child Care Establishment.
Act, Sec. 83. Form 16.Reg., Sec. 42(1)(a).
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 17 – Licence as a Child-minding Centre.
Act, Sec. 83. Form 17.Reg., Sec. 42(1)(b).
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 18 – Notice of Reception of a Child into Child Care Establishment.
Act, Sec. 89. Form 18.Reg., Sec. 44(1).
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 19 – Notice of Relinquishment of Care of Child.
Act, Sec., 90. Form 19.Reg., Sec. 44(2).
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 20 – Notice of Death in Child Care Establishment.
Act, Sec. 91. Form 20.Reg., Sec. 45(1).
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 21 – Notice of Illness or Injury of a Child.
Reg., Sec. 45(2). Form 21.
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 22 – Notice of Change of Abode.
Act, Sec. 90. Form 22.Reg., Sec. 46.
PAPUA NEW GUINEA.
Child Welfare Act 1961.
Form 23 – Register of Children in Child Care Establishment.
Act, Sec. 84. Form 23.Reg., Sec. 47.
Office of Legislative Counsel, PNG
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