Child protection legislation: an historical perspective
- Introduction
- 19th Century legislation
- Orphanages Act 1879
- State Children Act 1911
- Children's Services Act 1965
- Child Protection Act 1999
Introduction
State government departments with responsibility for the protection of children have responded in a variety of ways to the protective needs of children, and the range of responses is reflected in the various pieces of legislation enacted by Queensland governments in the past 150 years.
Over that time, there has been a dramatic shift in how society has viewed children, their place within the family and the degree to which their rights and needs have been acknowledged.
19th Century legislation
Various pieces of legislation operated in Queensland in the 19th century to provide for the care of children, usually children whose parents were living in poverty. The Deserted Wives and Children Act 1840 (New South Wales) allowed for maintenance payments, and the Offences Against the Person Act 1861 (United Kingdom) set penalties for child stealing and carnal knowledge or indecent assault of girls younger than 12 years of age. The Industrial and Reformatory Schools Act 1865 (Queensland) set up special schools to educate and care for neglected children and young offenders.
Orphanages Act 1879
This Act was the first to consolidate legislation that provided for the care of children in Queensland. The Orphanages Act 1879 permitted destitute or deserted children under the age of 12 years to be sent to an orphanage and to remain there until they reached 12 years of age unless boarded out with a 'trustworthy and respectable person' or hired out or apprenticed. A child could be hired out or become an apprentice at 10 years of age. At this time, the state subsidised orphanages in Brisbane, Rockhampton and Townsville, and an inspector of orphanages was appointed. Parents or relatives of children living in these institutions were expected to contribute to their support.
Later, the Guardianship and Custody of Infants Act 1891 provided that if a child was not living with a parent, the child could not be returned to the care of the parent unless the parent was fit to have custody. The Protection of Children Act 1896 applied to boys under 14 and girls under 16. It made it an offence to ill treat or neglect a child and gave a court the power to deal with such a child as it saw fit.
State Children Act 1911
This Act was the next major legislative initiative in child protection. It provided for the care of children younger than 13 years of age and established the State Children Department with a director to replace the inspector of orphanages.
Queensland then waited more than 50 years for the next major piece of child welfare legislation. This was the Children's Services Act 1965 that replaced the State Children Act 1911 and, in turn, was replaced by the Child Protection Act 1999.
Children's Services Act 1965
The Children's Services Act 1965 was designed 'to promote and protect the wellbeing of the children and youth of the State through a comprehensive and co-ordinated program of child and family welfare'. The focus was on the protection of children from neglectful acts and behaviour by parents, and protection from unacceptable living conditions. There were some major changes and many minor amendments to the Act, but the child protection provisions remained virtually unchanged for 35 years. By the 1990s, the Children's Services Act 1965 had ceased to reflect child protection practice or policy of the time, or national and international directions in child protection. For example, there was no recognition of sexual or emotional abuse in the Act.
In the 1960s, the response to a child needing 'protection' was most likely to be a removal from their parent's care. 'Neglect' was a frequent reason for removal, and social circumstances such as poverty were responsible for many children coming into state care. Children who came into care generally remained in care until they reached the age of 18 years. Until the early 1980s, it was also considered acceptable for parents to apply voluntarily for their children to be placed under the guardianship of the Director-General. Children could be 'signed into care' administratively with the Director-General formally accepting guardianship.
Nowadays, children are removed from their parent's care in only a minority of child protection cases. The main response to identified harm to children is to protect them by supporting and assisting their family. The majority of children are able to remain at home and be protected within their own family, with departmental officers working with a child's family to ensure the child's protective needs are met.
Child Protection Act 1999
Development of the Child Protection Act 1999 began in 1993 with the release of the Child Protection Issues Paper and an extensive statewide consultation process. The development process culminated in passage of the legislation in March 1999 and proclamation of the Act in March 2000. Where the State Children Act 1911 represented society's limited understanding of child protection in the early part of the 20th century, the Child Protection Act 1999 responds to the challenges of our current complex times. It continues to be amended to ensure that it reflects a contemporary understanding of family life and innovative practice in child protection service delivery.
- Last updated
- 19 April 2006