CHILD WELFARE (AMENDMENT) ACT.
Act No. 14, 1955.
An Act to a m e n d t h e Child Welfare Act, 1939,
and certain other Acts in certain r e s p e c t s ;
a n d for purposes connected therewith.
[Assented t o , 13th April, 1955.]
E it enacted by the Queen's Most Excellent Majesty,
B
by and with the advice and consent of the Legislative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of
the same, as follows :—
1. (1) This Act may be cited as the "Child Welfare
(Amendment) Act, 1955."
(2)
(2) T h e Child W e l f a r e Act, 1939, a s a m e n d e d b y
subsequent A c t s a n d by this Act, m a y be cited as t h e
Child W e l f a r e Act, 1939-1955.
2 . T h e Child W e l f a r e Act, 1939, as a m e n d e d
subsequent A c t s , is a m e n d e d —
by
(a) by o m i t t i n g from p a r a g r a p h (b) of subsection
one of section twelve the w o r d s " o r other
offence punishable by d e a t h " a n d by i n s e r t i n g
in lieu thereof the w o r d s " o r a n offence
p u n i s h a b l e by d e a t h or p e n a l s e r v i t u d e for
life";
(b) b y o m i t t i n g from subsections two a n d t h r e e of
section eighty-three t h e w o r d s " o r o t h e r offence
punishable b y d e a t h " a n d b y i n s e r t i n g in lieu
thereof the w o r d s " o r a n offence p u n i s h a b l e by
d e a t h or p e n a l s e r v i t u d e for l i f e " ;
(c) b y o m i t t i n g from subsection one of section
eighty-six the w o r d s " o r o t h e r offence punish­
able by d e a t h " a n d b y i n s e r t i n g in lieu thereof
the w o r d s " o r a n offence p u n i s h a b l e b y d e a t h
or p e n a l servitude for l i f e " ;
( d ) (i) b y o m i t t i n g subsection one of section eightyseven a n d by i n s e r t i n g in lieu thereof t h e
following s u b s e c t i o n s : —
(1) W h e r e a child or y o u n g p e r s o n u p o n his
t r i a l h a s pleaded guilty to, or h a s been convicted
of homicide, r a p e or a n offence p u n i s h a b l e by
d e a t h or p e n a l s e r v i t u d e for life, t h e j u d g e shall
sentence him according to l a w :
Provided that—
( a ) w h e r e a child or y o u n g p e r s o n h a s
pleaded guilty to, or h a s been convicted
of m u r d e r , sentence m a y be p a s s e d in
all respects as t h o u g h section nineteen
of t h e Crimes Act, 1900, as a m e n d e d b y
subsequent
subsequent A c t s , did n o t contain a
provision excluding the application of
section four h u n d r e d a n d forty-two of
t h a t A c t in respect of the sentence to
be p a s s e d u n d e r the said section
nineteen;
(b) sentence of d e a t h shall not be p r o ­
nounced on or recorded a g a i n s t a p e r s o n
u n d e r the age of eighteen y e a r s , b u t
in lieu thereof the j u d g e shall, unless
he exercises the discretion conferred by
subsection one of section four h u n d r e d
a n d forty-two of the Crimes Act, 1900,
as amended b y subsequent A c t s (which
subsection is h e r e b y declared to be in
force w i t h r e s p e c t to the sentence
referred
to
in
this
paragraph),
sentence him to p e n a l s e r v i t u d e for life.
T h e provisions of the above p r o v i s o a p p l y
w h e r e the p e r s o n indicted is over t h e age of
eighteen y e a r s if, a t the t i m e of the commission
of the offence, the p e r s o n indicted h a d n o t
a t t a i n e d the age of eighteen y e a r s .
(1A) W h e r e a child or y o u n g p e r s o n u p o n his
t r i a l h a s pleaded guilty to, or h a s been convicted
of a n y indictable offence, other t h a n a n
indictable offence mentioned in subsection one
of this section, the j u d g e m a y exercise a n y of
the p o w e r s of a c h i l d r e n ' s court e n u m e r a t e d in
section eighty-three of this Act, or m a y sentence
him according to law, a n d in the l a t t e r case m a y
direct t h a t the child or y o u n g p e r s o n be detained
in a n institution for the p e r i o d specified in the
sentence.
(ii) b y omitting from subsection two of the same
section the w o r d s " o r other offence punish­
able by d e a t h " a n d by i n s e r t i n g in lieu
thereof the w o r d s " o r an offence punishable
by d e a t h or p e n a l servitude for l i f e ' ' ;
(e)
(e) by inserting in subsection one of section ninetyfour after the words "sentence of" the words
"penal servitude o r " ;
(f) by omitting section one hundred and twentyseven.