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Child Act 2001 · Updated to 1 Jul 2023 · Chapter · Notification on Taking a Child Into Care, Custody or Control

34. Application and interpretation

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(1)

This Chapter shall not apply to the taking of a child—

(a)

into the care, custody or control of any person—

(i)

in pursuance of an order of a Court of competent jurisdiction; or

(ii)

by any Protector, Assistant Protector or police officer acting under this Act;

(b)

as an inmate of a place of safety or of an orphanage, hospital, institution or centre—

(i)

maintained by the Federal Government or by any of the State Governments; or

(ii)

approved by the Minister;

(c)

as a boarder at an educational institution registered under any written law relating to education; and

(d)

who is regularly attending an educational institution registered under any written law relating to education into the custody of a friend or relative of his parent or guardian with the consent of his parent or guardian.

(2)

In this Chapter, “guardian” of a child means a person—

(a)

lawfully appointed by deed or will or by the order of a competent Court to be the guardian of the child; or

(b)

who has lawfully adopted the child.

Terms defined in s 2

Assistant Protector
Defined · s 2
“Assistant Protector” means a person appointed by the Minister under section 8a;
Open s 2
centre
Defined · s 2
“centre” means a shelter established or operated by any person including a State Government, either— (a) individually; or (b) through a co-operation or joint-venture with the Federal Government, as approved by the Minister for the purpose of care, protection and rehabilitation of children under section 53a;
Open s 2
Court
Defined · s 2
“Court” means the Court For Children or any other Court, as the case may require;
Open s 2
guardian
Defined · s 2
“guardian”, in relation to a child, includes any person who, in the opinion of the Court For Children having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;
Open s 2
hospital
Defined · s 2
“hospital” means any Government hospital or any teaching hospital of a public institution of higher learning, but does not include any part of the Government hospital or teaching hospital of a public institution of higher learning, which are privatized or corporatized; Child 15
Open s 2
Minister
Defined · s 2
“Minister” means the Minister or Ministers for the time being charged with the responsibility for the matter or matters in connection with which the reference to the “Minister” is made, acting individually or jointly or in consultation, as the case may require;
Open s 2
place of safety
Defined · s 2
“place of safety” means any place of safety established or appointed under section 54; Child 21 “place of detention”— (a) means any place of detention established or appointed under section 58; and (b) includes accommodation in a police station, police cell or lock-up, separate or apart from adult offenders;
Open s 2
police officer
Defined · s 2
“police officer” has the same meaning as in the Police Act 1967;
Open s 2
Protector
Defined · s 2
“Protector” means— (a) the Director General; (b) the Deputy Director General; (c) a Divisional Director of Social Welfare, Department of Social Welfare; (d); (e) any Social Welfare Officer appointed under section 8;
Open s 2
relative
Defined · s 2
“relative” means a person who is related through full-blood or half-blood, or through marriage or adoption, including de facto adoption;
Open s 2

Report

Read on from s 35

Part VI

Children in Need of Protection and Rehabilitation

Read on from Part VI

Part VII

Beyond Control

Read on from Part VII

Part VIII

Trafficking in and Abduction of Children

Read on from Part VIII

Part IX

Institutions

Read on from Part IX

Chapter 5

Read on from Chapter 5

Chapter

Special Provisions in Relation to Places of Safety, Places of Refuge, Approved Schools and Henry Gurney Schools

Read on from Chapter

Chapter 7

Read on from Chapter 7

Part X

Criminal Procedure in Court for Children

Read on from Part X

Part XI

In the Care of Fit and Proper Person

Read on from Part XI

Part XII

Contribution Orders

Read on from Part XII

Part XIII

Read on from Part XIII

Part XIV

Read on from Part XIV

Part XV

Savings and Transitional Provisions

Read on from Part XV