{"id":"nsw:act-1962-028","name":"Child Welfare (Commonwealth Agreement Ratification) Act 1962","slug":"child-welfare-commonwealth-agreement-ratification-act-1962","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"28 of 1962","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111098,"registerId":"nsw-act-1962-028-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act and commencement","content":"#### 1 Name of Act and commencement\n\n1 Name of Act and commencement\n\n> > (1) This Act may be cited as the [Child Welfare (Commonwealth Agreement Ratification) Act 1962](/view/html/inforce/current/act-1962-028).\n> \n> > (2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Ratification of agreement","content":"#### 2 Ratification of agreement\n\n2 Ratification of agreement\n\n> > (1) The agreement (hereinafter referred to as the agreement), a copy of which is set out in the Schedule to this Act, is hereby approved, ratified and confirmed, and the doing or performance of all such acts, matters or things as are to be or may be done or performed under or in pursuance of the agreement, or the principal agreement (as defined in clause 2 (1) of the agreement) as amended by the agreement, is hereby authorised, and the agreement may be carried into effect notwithstanding the provisions of any other Act.\n> \n> > (2) Without prejudice to the generality of subsection one of this section all acts, matters and things which, by the agreement or the said principal agreement as amended by the agreement, are agreed, directed, authorised or permitted to be made, done or executed by or on behalf of the Governor, the Minister, or the Director or any other officer or employee are hereby sanctioned, authorised and confirmed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Validation","content":"#### 3 Validation\n\n3 Validation\n\n> Any act, matter or thing for or with respect to which provision is made in the agreement or the said principal agreement as amended by the agreement made, done or executed before the commencement of this Act or made, done or executed by the Governor, the Minister, or the Director or any other officer or employee, which would have been lawful if this Act had been in force at the time such act, matter or thing was made, done or executed is hereby validated.","sortOrder":2},{"sectionNumber":"sch","sectionType":"schedule","heading":null,"content":"# sch\n\nSchedule\n\nA SUPPLEMENTAL AGREEMENT made the twenty sixth day of July One thousand nine hundred and sixty-two Between THE STATE OF NEW SOUTH WALES (in this agreement called “the State”) of the one part and THE COMMONWEALTH OF AUSTRALIA (in this agreement called “the Commonwealth”) of the other part:\n\nWHEREAS by the agreement referred to in this agreement as the principal agreement provision was made, inter alia, for the reception, detention and maintenance in institutions in the State of New South Wales of children committed to those institutions by Courts of the Australian Capital Territory:\n\nAND WHEREAS by the Child Welfare (Commonwealth Agreement Ratification) Act, 1941 of the State and the Child Welfare Agreement Ordinance 1941 of the Territory the principal agreement was ratified and approved and provision was made for it to be carried into effect:\n\nAND WHEREAS it is desirable to make provision for children admitted to government control under the Child Welfare Ordinance 1957 of the Territory to be removed to and accepted into depots or homes in the State and to be dealt with as if they were wards admitted to State control under the Child Welfare Act, 1939 of the State:\n\nAND WHEREAS it is also desirable to vary in certain respects the provisions of the principal agreement in its application in relation to the Territory:\n\nNOW IT IS HEREBY AGREED as follows—\n\n> 1.\n> \n> This agreement shall have no force or effect and shall not be binding on either party until it is approved by the Parliament of the State and by a law of the Territory, so as to validate its execution and so as to authorise the doing or performance of such acts, matters or things as are to be, or may be, done or performed under or in pursuance of this agreement or of the principal agreement as varied by this agreement.\n\n> 2.—\n> \n> > (1.)\n> > \n> > In this agreement, unless the context otherwise requires—\n> > \n> > “depot” means a depot for the temporary accommodation and maintenance of children established or deemed to have been established under section 21 of the State Act;\n> > \n> > “home” means a home for the reception and maintenance of children established or deemed to have been established under section 21 of the State Act;\n> > \n> > “the Ordinance” means the Child Welfare Ordinance 1957 of the Territory, as amended from time to time, and includes any Ordinance of the Territory substituted for that Ordinance;\n> > \n> > “the principal agreement” means the agreement made the ninth day of January, 1941, between the State and the Commonwealth and set out in the Schedule to the Child Welfare (Commonwealth Agreement Ratification) Act, 1941 of the State and the Schedule to the Child Welfare Agreement Ordinance 1941 of the Territory; and\n> > \n> > “the Territory” means the Australian Capital Territory as defined in the principal agreement.\n> \n> > (2.)\n> > \n> > In the principal agreement, notwithstanding anything contained therein, and in this agreement—\n> > \n> > “child” in relation to a person of or from the Territory means a person to or in respect of whom the Ordinance or the State Act, as the case may require, applies by reason of the person being or having been a child or young person as therein defined;\n> > \n> > “Court” in relation to the Territory means Court of Petty Sessions of the Territory when known by virtue of section 13 of the Ordinance as the Children’s Court and includes the Supreme Court of the Territory in its jurisdiction under the Ordinance; and\n> > \n> > “the Commonwealth Minister” in relation to the Territory or a child of or from the Territory means the Minister of State for the Commonwealth for the time being administering the Ordinance or the relevant provisions thereof and includes a member of the Federal Executive Council for the time being acting for or on behalf of that Minister.\n> \n> > (3.)\n> > \n> > A reference in the principal agreement or in this agreement to an act, matter or thing done or to be done or performed or to be performed by the State Minister or by the Commonwealth Minister shall be read so as to include an act, matter or thing done or to be done or performed or to be performed by a delegate of, or a person authorised by, the State Minister or the Commonwealth Minister in that behalf under the laws for the time being in force in the State or in the Territory, as the case may be.\n> \n> > (4.)\n> > \n> > Subject to the preceding sub-clauses of this clause, words and expressions used in this agreement which are the same as words and expressions to which a meaning is attributed in the principal agreement shall, unless the contrary intention appears, have the respective meanings attributed to them by the principal agreement.\n\n> 3.—\n> \n> > (1.)\n> > \n> > The provisions of this clause shall apply to and in respect of a child who has been admitted to government control under the Ordinance.\n> \n> > (2.)\n> > \n> > The Commonwealth Minister or a person authorised in that behalf by the Commonwealth Minister may direct that the child be transferred to a depot or home in the State.\n> \n> > (3.)\n> > \n> > The child may be taken by an officer of the Territory to the depot or home in the State and there handed over to the person for the time being in charge of the depot or home or may be handed by an officer of the Territory to an officer of the State and taken by the officer of the State to the depot or home in the State and there handed over to the person for the time being in charge of the depot or home.\n> \n> > (4.)\n> > \n> > The officer of the Territory shall at the same time hand to the person for the time being in charge of the depot or home, or to the officer of the State, as the case may be, a copy of the direction of the Commonwealth Minister or the person authorised by the Commonwealth Minister and copies of the documents giving effect to the admission of the child to government control and also, if required, will furnish to that person or officer evidence to show that he is an officer of the Territory and that the child to be handed over is identical with the child referred to in the documents.\n> \n> > (5.)\n> > \n> > Upon the child being received into the care of the person for the time being in charge of the depot or home—\n> > \n> > > (a) the child shall become and remain subject to the terms and provisions of the State Act; and\n> > \n> > > (b) the State Minister, the Director, other officers of the State and other persons may exercise any powers, discretions, duties and authorities vested in them by or under the State Act to and with respect to any other person in relation to or in connexion with the child or to and with respect to the child and otherwise howsoever,\n> > \n> > in all respects as if the child were a ward admitted to state control under the State Act.\n> \n> > (6.)\n> > \n> > The provisions, as varied by this agreement, of clauses 3, 4, 7, 8, 9, 11, 12 and 15, and sub-clause (1.) of clause 6, of the principal agreement shall apply to and with respect to the child as if this agreement were incorporated in and formed part of the principal agreement and references in those provisions to a State Institution were references to a depot or home in the State, provided that clause 12 shall have effect in relation to children handed over by an officer or authority of the Territory to the superintendent of a State Institution or person for the time being in charge of a depot or home in the State and who have been received into the care of the superintendent or any such person in pursuance of the principal agreement or of this agreement as if the reference to clause 5 in the said clause 12 were a reference to the provisions of clause 4 of this agreement.\n> \n> > (7.)\n> > \n> > The Commonwealth shall be responsible for the cost of conveying the child from the Territory to the depot or home in accordance with this clause.\n\n> 4.—\n> \n> > (1.)\n> > \n> > The provisions of clause 5 of the principal agreement shall not apply and the provisions of this clause shall apply with respect to the maintenance and the conveyance, on and from the date upon which this agreement comes into force, of a child who has been or is handed over to the superintendent of a State Institution or the person for the time being in charge of a depot or home in the State and who has been or is received into the care of the superintendent or any such person in pursuance of the principal agreement or of this agreement.\n> \n> > (2.)\n> > \n> > The Commonwealth shall pay to the State:\n> > \n> > > (a) the cost to the State of maintaining the child in a State Institution or a depot or home in the State;\n> > \n> > > (b) the expenses incurred by the State on behalf of the child when the child is apprenticed, boarded out, placed out or placed as an adopted boarder in accordance with the State Act; and\n> > \n> > > (c) the costs and expenses reasonably incurred by or on behalf of the State in or in connexion with the conveyance of the child from one place to another.\n> \n> > (3.)\n> > \n> > For the purposes of this clause the cost to the State of maintaining the child in a State institution or a depot of home for any period shall be ascertained by means of the formula—\n> > \n> > ![](/image/((Type%3D%22act%22)%20AND%20(No%3D028)%20AND%20(Year%3D1962)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)\n> > \n> >   \n> > in which formula—\n> > \n> > A represents the number of days in the period during which the child was maintained;\n> > \n> > B represents the amount determined by the Director as being the average cost per week of maintaining a child in the State Institution or the depot or home; and\n> > \n> > C represents the cost of maintaining the child in the State Institution or the depot or home for the period.\n> \n> > (4.)\n> > \n> > A certificate under the hand of the Director stating the amount which was the average cost per week of maintaining a child in a State Institution or a depot or home during a period shall, as between the parties to this agreement, be conclusive evidence of the matter stated.\n> \n> > (5.)\n> > \n> > The expenses referred to in paragraph (b) of sub-clause (2.) of this clause shall include boarding out or maintenance payments and any other payments made to cover the cost of clothing, travelling expenses, pocket money, medical and dental attention, and expenses of, or incidental to, education.\n> \n> > (6.)\n> > \n> > A certificate under the hand of the Director stating the amount of costs or expenses referred to in paragraph (b) or (c) of sub-clause (2.) of this clause which have been incurred by the State in respect of a child shall be prima facie evidence of the amount due and payable by the Commonwealth in respect of these expenses.\n\n> 5.\n> \n> Except in so far as it is varied by this agreement, the principal agreement is confirmed, and clauses 10, 13 and 14 of the principal agreement shall apply with respect to this agreement as if this agreement were incorporated in and formed part of the principal agreement.\n\n> 6.\n> \n> This agreement shall not in any way affect the force and operation of the provisions of the principal agreement in relation to the Territory of Norfolk Island and children of or from that Territory.\n\nIN WITNESS whereof this agreement has been executed the day and year first above written.\n\n| SIGNED by the Honourable FRANCIS HAROLD HAWKINS, Minister of State for Child Welfare and Social Welfare of the State of New South Wales, for and on behalf of the State in the presence of—L. E. HUNT, J.P. | } | F. H. HAWKINS. |\n| SIGNED by the Honourable GORDON FREETH, Minister of State for the Interior of the Commonwealth of Australia, for and on behalf of the Commonwealth in the presence of—DAVID I. SMITH,Private Secretary,Canberra, A.C.T. | } | GORDON FREETH. |","sortOrder":3}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available metadata, the Act has never been amended since its commencement on 3 December 1962. There is no evidence of any change in scope from its original intent, which was the singular administrative purpose of ratifying a specific Commonwealth-state child welfare agreement. Its scope appears to have remained exactly as originally enacted."},"complexity_factors":["The actual text of the Act is not provided — only metadata and navigation elements are visible, making full analysis impossible","Ratification Acts are inherently narrow in purpose, typically containing few operative provisions","The interplay between state and federal constitutional arrangements adds a layer of complexity for non-lawyers","The historical context (1962 Commonwealth-state relations) requires background knowledge to fully understand","The ongoing legal status despite 60+ years without amendment raises questions about what agreement it underpins and whether that agreement is still operative"],"plain_english_summary":"This NSW Act formally ratified a 1962 agreement between New South Wales and the Commonwealth about child welfare, giving legal effect to their arrangement on responsibilities and coordination. \n\nIt historically affected children in state care and the agencies that oversaw them. The Act remains technically in force and is administered by the Minister for Youth Justice but now has limited practical relevance, mainly of interest to historians, lawyers, or officials dealing with legacy agreements."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: ratifying a specific 1962 supplemental agreement to update the 1941 child welfare arrangement between NSW and the Commonwealth. The scope has not expanded beyond this intergovernmental administrative mechanism for transferring and funding the care of ACT children in NSW institutions."},"complexity_factors":["Extensive cross-referencing to a 1941 \"principal agreement\" that is not fully reproduced in the text","Nested definitions in clause 2 of the Schedule (5 defined terms, plus 3 modified definitions that override the principal agreement)","Mathematical formula for calculating maintenance costs (A × B ÷ 7 = C) in clause 4(3)","Validation clause (section 3) that retroactively legalises past actions","Conditional commencement (proclamation required) in section 1(2)","Clause 3(6) contains a double-nested reference modifying how clause 12 of the principal agreement applies to this agreement"],"plain_english_summary":"This legislation is a **New South Wales law that rubber-stamps a deal between the State and the Commonwealth about where vulnerable children from the Australian Capital Territory (ACT) are sent to live**.\n\n**What it does:**\n- **Approves a 1962 agreement** that updates a 1941 arrangement between NSW and the Commonwealth.\n- **Allows children under ACT government care to be moved to NSW institutions** (called \"depots\" or \"homes\") and treated as if they were NSW state wards.\n- **Sets up a payment system** where the Commonwealth reimburses NSW for the costs of looking after these children—covering food, housing, clothing, medical care, education, and transport.\n- **Backdates legal authority** to cover any actions already taken before the law was passed (this is called \"validation\").\n\n**Who it affects:**\n- **Children** under the ACT's Child Welfare Ordinance 1957 who are transferred to NSW care facilities.\n- **NSW and Commonwealth government officials** who arrange and pay for these transfers.\n- **The institutions** (depots and homes) that receive these children.\n\n**Why it matters:**\nThis law reflects how Australia's federal system handled child welfare in the 1960s. Instead of the ACT building its own institutions, it paid NSW to house children in its existing facilities. The law ensures the Commonwealth foots the bill and that the legal paperwork works across state/territory borders. It also shows how governments used \"supplemental agreements\" to update old arrangements without starting from scratch."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This Supplemental Agreement expands the practical scope of the earlier 1941 principal agreement. Originally the principal agreement focused on reception of children committed to institutions by courts. The 1962 instrument explicitly extends application to children \"admitted to government control\" under the ACT Child Welfare Ordinance 1957 (Schedule, cl.3(1)) — i.e. a broader class of children beyond court-committed wards — and modifies who pays and how costs are calculated (Schedule, cl.3(7); cl.4). It therefore broadens the categories of transfer, places new Commonwealth financial obligations for maintenance and conveyance, incorporates selective clauses of the principal agreement for these cases, and validates past acts. Those changes materially widen the administrative and fiscal reach of the intergovernmental arrangement compared with the principal agreement's original, narrower focus."},"complexity_factors":["Short Act with a single Schedule that contains substantive operational rules (concentrates content in the Schedule)","Multiple defined terms in Schedule clause 2 (e.g. depot, home, Ordinance, principal agreement, Territory, child, Court, Commonwealth Minister)","Cross-references to an earlier principal agreement (1941) and to state and territory statutes (requires reading three instruments together)","Conditional application of selected clauses of the principal agreement (Schedule, cl.3(6) and cl.5) rather than wholesale incorporation","Cost calculation formula in Schedule, cl.4(3) and reliance on Director's certificate as conclusive evidence (Schedule, cl.4(4))","Mixed evidentiary treatment: conclusive certificates for average weekly cost and prima facie certificates for some expenses (Schedule, cl.4(4)–(6))","Retrospective validation of prior acts (s3) which can raise questions about scope of validation and timing","Delegation and agency language that requires checking state/territory delegation instruments (Schedule, cl.2(3))","Exclusion clause (Norfolk Island) narrowing scope (Schedule, cl.6)","Commencement by proclamation rather than immediate operation (s1(2))"],"plain_english_summary":"**What this law does (mechanically)\n\n- Ratifies and gives legal force to a Supplemental Agreement between the State of New South Wales (NSW) and the Commonwealth (Schedule). (s2)\n\n- Authorises NSW and Commonwealth officials to carry out everything the Supplemental Agreement and the earlier 1941 principal agreement permit, even if another law would otherwise prevent it. (s2(1)–(2))\n\n- Validates acts done before the Act commenced that would have been lawful if the Act had already been in force. In other words, certain past transfers or steps taken under the Agreement are confirmed as legally effective. (s3)\n\n- Under the Agreement (Schedule):\n  - Children who are admitted to government control under the Australian Capital Territory (ACT) Child Welfare Ordinance 1957 can be directed by the Commonwealth Minister to be transferred to NSW depots or homes. Once received there, those children are treated in all respects as if they were wards under the NSW Child Welfare Act (so NSW laws and NSW officials' powers apply). (Schedule, cl.3(1)–(5))\n  - The Commonwealth must pay the costs of transporting the child from the Territory to NSW. (Schedule, cl.3(7))\n  - The Commonwealth must reimburse NSW for maintenance costs, apprenticeship/boarding/adoption-related expenses, and reasonable conveyance costs while the child is in NSW. The Act sets out a formula to calculate maintenance cost and gives the NSW Director's certificate on average weekly cost conclusive effect between the parties; certificates of incurred expenses are prima facie evidence of the amount due. (Schedule, cl.4(2)–(6))\n  - The Agreement modifies specific clauses of the principal agreement so those parts apply to these Territory children when in NSW institutions, and otherwise leaves the principal agreement in force except as varied. (Schedule, cl.5–6)\n  - The Agreement explicitly does not alter arrangements for Norfolk Island. (Schedule, cl.6)\n\nWho is affected\n\n- Children in the ACT who have been admitted to government control under the ACT Child Welfare Ordinance 1957: they may be transferred to NSW depots/homes and become subject to NSW child‑welfare law while there (Schedule, cl.3(1)–(5)).\n- NSW authorities (State Minister, Director, depot/home superintendents): they receive custody and apply NSW statutory powers to those children (s2(2); Schedule, cl.3(5)).\n- Commonwealth (the Commonwealth Minister and federal budget): responsible for directing transfers and paying transport and maintenance costs (Schedule, cl.3(2), cl.3(7), cl.4(2)).\n- Territory officers: must provide documents and identify children handed over (Schedule, cl.3(4)).\n\nWhy it matters (official purpose and practical effects)\n\n- Officially: the Agreement is presented as a practical arrangement to enable ACT children admitted under the 1957 Ordinance to be accommodated and cared for in NSW institutions and to clarify who pays and how the NSW laws apply while the child is in NSW. (Schedule, WHEREAS and cl.3–4)\n\n- Practical consequences and trade-offs to test that claim:\n  - Who pays: the Commonwealth bears direct financial cost for transport and maintenance while children are in NSW (Schedule, cl.3(7); cl.4(2)). That shifts day‑to‑day expense from NSW to the federal purse.\n  - Who decides/acts: the Commonwealth Minister (or delegate) decides to transfer; NSW officials exercise the full suite of State powers over the child once received (Schedule, cl.3(2), (5)). This centralises placement decisions at the Commonwealth level while operational control rests with NSW.\n  - Administrative burden: Territory officers must compile and hand over records and identification; NSW Director produces cost certificates that are conclusive or prima facie evidence — these reduce disputes between governments but give NSW administrative control over cost certification (Schedule, cl.3(4); cl.4(3)–(6)).\n  - Retrospective validation (s3) reduces legal uncertainty about past transfers but removes a ground for later challenge to those acts.\n  - Implementation risks: reliance on intergovernmental cooperation, timely certification of costs, and clear delegation arrangements. The Act permits delegation (Schedule, cl.2(3)), but operational coordination across jurisdictions is still necessary.\n\nEffects on markets, private choice and incentives\n\n- The instrument is administrative and social‑welfare focused; it does not regulate private markets directly. It reallocates public spending (Commonwealth pays maintenance/transport) and extends NSW statutory reach over specific Territory children placed in NSW.\n- There is limited scope for private actors here beyond providers contracted by NSW institutions; the Agreement does not change competition or private entry rules for child care providers, but by moving custody to NSW it may change which statutory placement pathways and procurement rules apply.\n\nImplementation and compliance issues to note\n\n- Commonwealth must fund movements and maintenance (budgetary impact).\n- NSW Director’s certificates are given strong evidentiary weight, lowering transaction costs but increasing administrative discretion for NSW.\n- Delegation clauses require both governments to publish or record who may act on behalf of ministers to avoid disputes. (Schedule, cl.2(3))\n\nSections cited: Section 2 (ratification and authorisation), Section 3 (validation); Schedule clauses 2–6 (definitions, transfer procedure, cost and maintenance rules, scope).\n"}},"importantCases":[],"_links":{"self":"/api/acts/child-welfare-commonwealth-agreement-ratification-act-1962","history":"/api/acts/child-welfare-commonwealth-agreement-ratification-act-1962/history","analysis":"/api/acts/child-welfare-commonwealth-agreement-ratification-act-1962/analysis","conflicts":"/api/acts/child-welfare-commonwealth-agreement-ratification-act-1962/conflicts","importantCases":"/api/acts/child-welfare-commonwealth-agreement-ratification-act-1962/important-cases","documents":"/api/acts/child-welfare-commonwealth-agreement-ratification-act-1962/documents"}}