The Act for the Regulation of the Police Force in New South Wales of 1850 (14 Vic. No.38) (1), provided for the appointment by the Governor of an Inspector General of Police who was charged and vested with the general superintendence of the police force to be established under the Act. (2). Under the Act the Inspector General of Police was also given the authority to frame rules, orders and regulations (3). The first Inspector General of Police was appointed on the 1 January 1851 (4). This Act was repealed by the Police Regulation Act of 1862 (25 Vic. No.16).

The Police Regulation Act of 1862 (25 Vic. No. 16) (5) amalgamated rural constabulary, mounted patrols, Sydney metropolitan police and the Sydney Water Police into one force responsible to the Inspector-General of Police in Sydney.

The Criminal Investigation Branch (CIB) was formed in 1879. The Inspector General was a member of the Metropolitan Transit Commissioners who were operational from 1 April, 1873 until 29 August, 1900. All of the powers of the Metropolitan Transit Commissioners were transferred to the Inspector General of Police following the closure of the former agency. This included making by-laws regulating the mode, licensing and controlling of public vehicles (such as omnibuses and hackney carriages), their drivers and conductors. (6)

The Police Regulation Act 1899 (Act No. 20, 1899) (7) repealed the Police Regulation Act 1862 and consolidated the legislation in regard to the control of the Police force in New South Wales. This Act, with amendments, regulated the force until 1990.

During World War I the activities of the Police were increasingly directed towards the opposition to the war. Police actively liased with the Counter Espionage Bureau. (8) . During these years a number of charges were laid under the Commonwealth legislation of the War Precautions Act 1914, and the Unlawful Associations Act 1916.

The Special Drug Bureau was established in July 1926 and the Police Offences Amendment (Drugs) Act, Act No. 7, (9) to combat the trade in illicit substances.

The Police Regulation (Amendment) Act, (Act No. 13, 1935) (10) changed the official title of Inspector-General of Police to Commissioner of Police, defining the Commissioner's prime authority, and also creating the position of Deputy Commissioner.

Commissioner MacKay revamped the police organisation to one which was more structured and compartmentalised, a change which endured until Commissioner Avery's administration (1984-1991). The CIB was divided into specialised units such as vice, pillage, gaming, homicide, and arson. The Subversive Organisations Bureau was established during the 1930s. In 1941 the Prosecuting Branch was formed by Commissioner MacKay and added to the CIB.

By the outbreak of World War II the Subversive Organisations Bureau was combined with elements of the Commonwealth Government and the Armed Services to form the Military/Police Intelligence Branch. At war's end the Branch was dissolved and the Subversive Organisation Investigation Bureau was reconstituted as a purely police function. In conjunction with the formation of the Australian Security Intelligence Organisation in 1948, a Conference of Commissioners of Police undertook to establish and maintain a Special Branch for intelligence work, similar to the Special Branch at New Scotland Yard.

Immediately after the war recruit training was recommenced on a residential basis at the RAAF camp at Penrith. In 1953 the training program was transferred to the Police Training Centre at Redfern and became non-residential. Gradually a number of other premises were used for various types of training. From January 1978 the Police Cadet Corps was progressively phased out and replaced by the Junior Trainee Scheme. In May 1984, recruit training was transferred from Redfern to the new Police Academy at Goulburn.

The Police Regulation (Assistant Commissioners) Amendment Act 1964 (11) abolished the office of Deputy Commissioner and created a number of Assistant Commissioner positions. The Police Prosecution Section was established as a separate unit distinct from the CIB in 1965.

In 1966 the Armed Hold Up Squad was initiated to combat the upsurge in armed robberies. All are members of Emergency Squad, later known as Special Weapons and Operations Squad. Members are drawn from 21 Division and divisional detectives throughout the metropolitan region.

In response to the Moffit Royal Commission into Allegations of Organised Crime in Clubs in NSW (1973) the Crime Intelligence Unit was created on 20 September 1974 to gather information about organised crime.

The Police Regulation (Allegations of Misconduct) Act, Act No. 84, 1978 commenced operation on 19 February 1979 (12) establishing the Internal Affairs Branch, and making complaints notifiable to the Ombudsman. The Police Tribunal was established to hear matters relating to disciplinary charges for misconduct.

In 1979 the Commonwealth-NSW Joint task Force into Drug Trafficking was formed involving both the New South Wales and Australian Federal Police to target high level drug dealing. This taskforce was wound up in 1988.

In 1980 with the amendment of the State Emergency Services and Civil Defence Act 1972 and the Police Regulation Act 1899 control of the State Emergency Services and Civil Defence was given to the Commissioner of Police.

The Report of Justice Lusher of the Commission to Inquire into NSW Police Administration was presented to Parliament in April 1981. More than 200 recommendations included fundamental changes in administration and training. The changes that followed included the introduction of anti-corruption measures, attempts to change the police culture, and promote integrity. The Crime Intelligence Unit which had been established in response to the Moffit Report, was enlarged. It was detached from the CIB, became an autonomous body, and was renamed the Bureau of Crime Intelligence . An Organised Crime Squad was formed within the Bureau of Crime Intelligence to enhance its investigative status and capacity. On 1 December 1982, the Observation Squad was detached from the CIB and amalgamated with the surveillance arm of the Bureau of Crime Investigation.

The Office of the Minister for Police and Emergency Services commenced operation in May 1982 continuing until March 1988. The Office acted as an independent policy analyst to the Minister preparing submissions on all major crime and police management policy issues. The Ministerial Office was a declared Administrative Unit under Schedule 2 of the Public Service Act, 1979 (13).

The formation of the Police Board in 1984 (through the Police Board Act, Act No. 135, 1983) (14) effected a significant change to a system in which the Police Commissioner had been the sole source of advice to the Government on policing since the 1860s, and opened the way for a new voice to be heard in relation to police administration and education.

Also in 1984 the Internal Police Security Unit, which had been part of the Internal Affairs Branch was given responsibility to carry out proactive anti-corruption functions imposed by the Police Regulations (Allegations of Misconduct) Act, 1978 and to investigate allegations of serious corruption.

The State Drug Crime Commission Act, 1985, established the State Drug Crime Commission (later renamed the NSW Crime Commission) to investigate drug crime.

A major restructuring of the Force, occurred in 1987 with the establishment of four police regions, along with the progressive devolution of centralised police agencies and squads to decentralised, geographically based 'patrols'. The regions were to be microcosms of the whole organisation, sharing all functions equally. The key changes were the dismantling of the CIB and the transfer of its detectives to the four Regional Crime Squads and new patrols. The number of command levels was reduced from 14 to six. The Internal Police Security Unit was renamed Internal Police Security Branch and placed under the command of a Chief Superintendent.

In November 1987 the State Intelligence Group was created.

The Aboriginal Police Liaison Unit was established on 9 December 1988 (15).

The Drug Enforcement Agency was established in 1989. From April 1989 the Gaming Squad came under the umbrella of this Agency. This was done because overseas experience indicated that gaming and vice were interrelated, and to take advantage of shared information and intelligence (16).

The Police Service Act of 1990 (Act No. 47, 1990), repealed the former Police Regulation Act of 1899 and dissolved both the Police Force of New South Wales and the Police Department from 1 July 1990. (17)

FOOTNOTES

(1) Act for the Regulation of the Police Force in NSW (14 Vic, No.38).

(2) loc. cit.

(3) Ibid, section 6.

(4) NSW Blue Books, 1851.

(5) Assented to 20 January 1862, New South Wales Government Gazette, Vol. 1, 21 January 1862, p. 145-152.

(6) Public Vehicles Regulation Act, 1873 s.15.

(7) Assented to 20 November 1899, New South Wales Government Gazette, Vol. 6, 28 November 1899, p.8939.

(8) Royal Commission into the New South Wales Police Service, Final Report Volume I: Corruption, May 1997, p.52.

(9) Assented to 29 January 1927, New South Wales Government Gazette, Vol. 1 , 4 February 1927, p. 668.

(10) Assented to 13 March 1935, New South Wales Government Gazette, Vol. 1, 15 March 1935, p. 1121.

(11) Assented to 16 December 1964, New South Wales Government Gazette, Vol. 4, 18 December 1964, p.4167.

(12) Annual Report of the New South Wales Office of the Minister for Police and Emergency Services, year ended 30 June 1986, p. 4-7. Note - this is the first Annual Report for the office even though it had been established in 1982.

(13) Assented to 21 December 1983, New South Wales Government Gazette, Vol. 1, 6 January 1984, p.53.

(14) The Sydney Morning Herald, 10 December 1988, p.4.

(15) Report of the Independent Commission Against Corruption on Investigation into the Relationship Between Police and Criminals, First Report February 1994, p.181.

(16) Assented to 26 June 1990, New South Wales Government Gazette, No. 85, 6 July 1990, p.6217.

(17) The Police Service Act, 1990 (Act No. 47, 1990) Schedule 4 Part 1 and Part 2 section 3 repealed the Police Act 1899 and dissolved the Police Force and Police Department from its commencement on 1 July 1990, New South Wales Government Gazette, No. 82, 29 June 1990, p.5406.

On 30 June 1820 Major Frederick Goulburn was commissioned as Colonial Secretary and Registrar of the Records of New South Wales. On 1 January 1821, Frederick Goulburn was officially sworn in and assumed his duties as Colonial Secretary. (1) Goulburn’s duties, powers, and responsibilities had not been clearly defined. (2) A dispute with the Judge Advocate concerning custody of the Criminal Court’s records had to be settled by the Colonial Office - which ruled against Goulburn. The early duties of this position included the collection of fees for -

title deeds to land grants;

special licenses for marriages;

commissions on which the Great Seal of the Colony was used;

the registration of vessels over 40 tons;

and the mustering of convicts on arrival.

In 1823 this right to collect fees was abolished by the home government, and the monies collected were paid into colonial revenue.

The Colonial Secretary’s Office kept the Registers of Letters, and prepared the financial and statistical Returns of the Colony, which were sent annually to the Secretary of State. The offices of Secretary to the Governor and Colonial Secretary were not separated until May 1824 when Major Ovens was officially appointed Governor Brisbane's Private Secretary (although he had been acting in this capacity since the middle of 1823).

Another aspect of the Colonial Secretary’s Duties was as a legislator. The Secretary was an ex officio member of the Legislative Council, which first sat in August 1824. The warrant establishing the Council listed in order of precedence the Governor, Lieutenant Governor, Chief Justice, Colonial Secretary, Principal Surgeon, and Surveyor General. (3)

The most important function of the Colonial Secretary’s office was that it acted as the channel of communications between the Governor, other government offices, and private settlers.

On 5 January 1826 Governor Darling requested that "Heads of Departments and Commandants of Stations (except when the subject relates to the Military Branch of the Service) (to) address their Applications and Reports " to the Colonial Secretary "for the information and decision of the Governor". (4)

Governor Darling believed that the supervising and controlling power of the Governor - to see that all orders and regulations were followed up and put into effect - should be vested in the office of the Colonial Secretary. Its principal duties were the framing and perfecting of measures for the better government of the colony, improving the public departments, and exercising a general superintendence over the machinery of government.

Governor Darling transferred to the Department of the Principal Superintendent of Convicts all matters relating to the conduct and management of the convict population. The victualling and supplying of the convict establishments, expenditure on which was paid from the Military Chest, was transferred to the Commissariat becoming the responsibility of the Deputy Commissary General. (5)

On 1 November 1826 Governor Darling appointed an Assistant Colonial Secretary. While the Colonial Secretary concentrated on more political work especially with the Legislative Council, the Assistant Secretary undertook the administrative work of the office. The first Assistant Colonial Secretary Thomas Cudbert Harington reorganised the Department instituting staff training, and work allocation of tasks mechanical in nature or those calling for the higher intellectual faculties. Lines of responsibility were defined for the "checking and counter checking" of documents, and the framing of official letters. (6)

The Deeds Registration Act in 1825 had made the Supreme Court responsible for the registration of all documents relating to land sales or grants.

By a public notice dated 26 December 1848 (11) all correspondence from private individuals respecting leases, tenders, and all matters of detail connected with Crown Land beyond the settled districts, were transferred to the Chief Commissioner of Crown Lands, although the Colonial Secretary was consulted in those cases in which interpretation of the law was required.

Before 1842 the Colonial Secretary’s role as a Legislative Councillor had been very much secondary to that of the Governor. Outside the Council he played a major part in drafting legislation and preparing government business. During the life of the old Council he was chairman of 13 subcommittees and a member of another nine. Inside the chamber he functioned as leader of the house, introducing legislation, including the annual estimates, and answering questions relating to its content and purpose. (7)

Under the new constitution of 1842 the Governor ceased to occupy a seat in the legislature and his place as chief government spokesman was taken by the Colonial Secretary. As senior government spokesman he was well placed to influence the political development of the Council. The Secretary was also leader of the house who was responsible for seeing that public business was performed effectively by presenting and defending government policies. (8)

The Colonial Secretary and his department in partnership with the Governor dealt with the correspondence for the Home Government. When a ship was about to sail for England they experienced what Governor Gipps referred (in 1845) to as "the agonies of a Bag", for numerous papers had to be prepared for transmission to the Secretary of State. (9)

By 1855 the Colonial Secretary’s Office was made up of six branches (10)

financial;

legislative and land;

statistics;

deeds;

records; and ,

entry.

In the proclamation by the Governor on 9 October 1856 (11) the functions and duties of the Colonial Secretary or Principal Secretary to the Government involved business connected to -

Legislative matters;

Naval and Military Establishments, including the Volunteer Corps;

Foreign Correspondence; .

Postal Arrangements and Contracts;

Immigration;

Police, including Petty Sessions;

Gaols and Penal Establishments;

Medical Establishments, including Quarantine, Vaccination and Lunatic Asylums;

Registration and Statistics;

Municipal Institutions;

Government Printing;

Proclamations, Commissions, and other Instruments under the Great Seal;

Naturalization of Aliens;

Ecclesiastical Establishments;

Public Education;

Literary and Scientific Institutions (the Museum and Sydney Observatory);

Hospitals and Charitable Institutions;

Aborigines;

Remission and Execution of Sentences; and

All other matters of internal arrangement not confided to any other Minister.

The Colonial Secretary was also responsible for the supervision and control of the following Departments:

Postmaster General;

Immigration Agent;

Police Magistrates;

Clerks of Petty Sessions;

Visiting Justices and Officers in charge of Gaols, Penal Establishments, and Lunatic Asylums; .

The Medical Adviser;

The Health Officer;

The Registrar General; and

The Government Printer. (12)

Flowing from these arrangements the Colonial Secretary was to correspond with:

The Judges of the Supreme Court;

The President and Clerk of the Legislative Council;

The Speaker and Clerk of the Legislative Assembly;

The Returning Officers;

The Clerk of the Executive Council;

The Naval and Military Authorities;

The Consuls of the Foreign States;

The Secretaries of Colonial Governments;

The Government Resident at Moreton Bay;

The Land and Emigration Commissioners;

The Colonial Agent;

The Benches of Magistrates, except on judicial questions;

The Heads of the several Churches;

The Governing Bodies of Educational Establishments, and Literary and Scientific Institutions;

The Governing Bodies of Charitable Institutions; and

Municipal Authorities. (13)

And also in certain cases correspond with:

The Sheriff;

The Chairman of Quarter Sessions;

The Prothonotary of the Supreme Court;

The Registrar of Deeds, and

The Curator of Intestate Estates. (14)

Official correspondence would also go to newly formed Ministries (and their departments) of the Attorney General, the Colonial Treasurer, and the Secretary for Lands and Public Works. This ended the official requirement of addressing all matters requiring the action or decision of the Government to the Colonial Secretary. (15)

Complementing the new arrangements the office of the Colonial Secretary changed with the Secretary becoming the political head of the Department - and in fact the Colony. The Premier usually became the Colonial Secretary. The former departmental role the Colonial Secretary had played was now undertaken by the Under Secretary (or Permanent Head). The first Under Secretary, William Elyard was appointed on 26 June 1856. (16)

In the further Administrative Arrangements notified by the Governor on 4 October 1859, the Colonial Secretary was referred to as the "Colonial Secretary or Chief Secretary to the Government". (17) This was probably the beginning of the use of the title of "Chief Secretary", which was gradually adopted as the title of the office, although an official ministerial title change did not occur until 1 April 1959 under the Ministers of the Crown Act, 1959 (Act No.4, 1959), assented to 24 September 1959. (18)

From 1859 to 1876 the applications to the Governor for the issue of Naturalization Certificates were made through the Colonial Secretary's Office, although the records were kept by the Prothonotary of the Supreme Court.

Under the 1859 Administrative Arrangements the Colonial Secretary was charged with business connected to

Legislative Matters

Judicial Establishments

Crown Law Officers

The Great Seal.

Colonial Governments.

Consuls of Foreign States.

Naval and Military Establishments, including the Volunteer Corps.

The Establishment of the Auditor General.

Ecclesiastical Establishments.

Public Education.

Municipal Institutions.

Police, including Petty Sessions.

Gaols and Penal Establishments.

Execution and Remittance of Sentences.

Registration and Statistics.

Literary and Scientific Institutions.

Charitable Institutions.

Medical Establishments, including Lunatic Asylums and Vaccination.

The Government Gazette; and

And all other matters not confided to any other Minister.

The Post Office Department and the Government Printing Department had been transferred to the Colonial Treasurer. Aborigines and Immigration were now the responsibility of the Secretary for Lands.

On 13 February the Colonial Secretary was given responsibility for Immigration but the business concerned with the Police Magistrates and the Clerks of Petty Sessions was transferred to the Attorney General and the Solicitor General. (19)

In 1894 at the Royal Commission into the Civil Service the Principal Under Secretary for the Colony Critchett Walker testified about the role of the Colonial Secretary’s Department. The Department considered the economic efficiency of the Civil Service, it also administered the checking of all hospital accounts (striking out unjustifiable claims) while school of the arts accounts had been recently transferred to the Department of Education. There were four central branches within the Colonial Secretary’s Department - Accounts, Correspondence, Records, and the Long Room. With legislative change such as the new Electoral Act, or the opening of a new institution like the Rookwood Asylum, an initial temporary workforce would be recruited by the Department. These workers, however, would not appear in the current Blue Books. (20)

Three quarters of the correspondence received by the Department concerned its administration of 140 Acts of Parliament (Companies’ Act, Constitution Acts, Electoral Acts, Fisheries Acts, Hospitals’ Acts, Lunacy Acts, Police Acts, Real Property Acts, Registration Acts, and Sydney Corporations Acts). Letters and Documents of an "important nature" which went before the Executive Council, the Attorney General and others were preserved as evidential records. If a letter concerned a particular department it would be "pigeon holed" for on forwarding without being "registered and recorded". (21)

Under the administrative arrangements of 4 December 1896, the Chief Secretary was charged with business connected with:

The Great Seal;

The registration of Commissions under the Great Seal;

The Executive Council Office;

The Naval and Military establishments including the Volunteer Corps (except Public School Cadets);

The construction of fortifications and other works of Military Defence;

The Fortifications and Military Land;

The Execution of Capital Sentences;

The Appointment of Magistrates;

The Department of Audit;

Police Department;

Fire Brigades Board;

Aborigines Protection Board;

Government Statistician;

Immigration;

Registrar of Friendly Societies;

Fisheries Commission;

The issue of Theatrical Licenses;

Medical Establishment, including the Officers appointed for the purpose of Vaccination;

The Institutions for the care and treatment of the Insane;

The Metropolitan and Country hospitals;

Charitable Institutions aided from the Consolidated Revenue;

Business relating to ecclesiastical establishments;

The Naturalization of Aliens;

Municipal Institutions;

The Botanic Gardens and Government Domains;

The control of the Centennial Park;

The management of the National Park;

The administration of some 65 acts; and

All matters of business not expressly assigned and confided to any other Minister. (22)

Dealings with Colonial Governments and Foreign Consuls plus parliamentary business had been transferred to the Premier. (23)

The Chief Secretary was to correspond with the returning officers of electoral districts; the heads of the several churches; and "also, as occasion may arise, with other public officers and public bodies". (24)

Though Frederick Flowers was appointed on 22 April 1914 as Minister for Health, (25) the Ministerial responsibility for health matters belonged to the Colonial Secretary until 26 November 1938 when the Department of Public Health was established.

In many cases the work of the Chief Secretary’s Department paralleled and sometimes crossed Departmental boundaries. For example in the 1920s the care of destitute children was the responsibility of the State Children Relief Department while the Chief Secretary’s Department administered votes for the maintenance and transport of destitute persons, the railway transport of the destitute, Christmas cheer, the burial of destitute persons, and special grants to ecclesiastical orphanages. The 1918-1920 Royal Commission into the Public Service found "considerable overlapping" between the two Departments in the areas of outdoor relief and the "doubling up" of inquiries about destitute children by State Relief staff and the Police. In some cases State Relief payments were supplemented by the Chief Secretary’s Department. (26)

In the 1930s, E.B. Harkness, the Under Secretary of the Department, had the responsibility of advising no fewer than three ministers, the Colonial Secretary, the Minister for Health and the Minister for Social Services, the latter portfolio being first created on 22 August 1935. During the Great Depression of the 1930s the Department was responsible for relief operations on a very large scale. The Department played a leading role in the formation of the policy of bread for the unemployed (27), and subsequently administered food relief. It was also concerned in providing benefits in the form of railway passes, spectacles and surgical aids, including artificial limbs. Railway passes were provided principally to enable patients to obtain hospital treatment. (28)

In the twentieth century the Department remained one to which numerous functions were attached. Among these were:

the protection and welfare of the Aboriginal population (from colonisation to 1969);

management of the affairs of Lord Howe Island;

protection and development of the fisheries of the State;

enforcement of laws on Sunday observance;

administration of racing and the laws governing gaming and betting;

administration of the laws relating to the height of buildings in Sydney;

theatre regulation and licensing (from 1828);

obscene and indecent publications;

administration of laws relating to charities, art unions, and trade competitions;

control of films and plays;

bush fire control;

electoral matters;

fauna protection;

poker machine licensing (from 1956);

appointments of Justices of the Peace (to 1975);

custody of the Public Seal and maintenance of the Register of Patents; and

the reception of British migrants from 1962 when it took over the Immigration Division from the Department of Tourist Activities until its transfer in 1975 to the Department of Youth and Community Services

The Chief Secretary's Department was abolished, when, under the changes in the Machinery of Government in January 1975, the Department of Services was established to administer a number of functions previously the responsibility of several other departments or the former Chief Secretary's Department. The functions transferred to the new department included - the conduct of elections (State Electoral Office), the registration of auctioneers and agents, the issue of licenses for theatres and halls, animal boarding establishments, speedways. (29)

The Forestry Commission and the State Fisheries were transferred to the new portfolio of Lands and Forests. The Board of Fire Commissioners became the responsibility of the new portfolio for Police and Services while "disaster administration" through the State Emergency Services and the Bush Fires Branch was carried out by the newly formed Department of Youth, Ethnic and Community Affairs. The Immigration Division was also transferred to this department. The administration of the Justices of the Peace was absorbed into the Department of Attorney General and Justice. Also a Poker Machines Section was established in the new Department of Revenue which came under the control of the Minister for Revenue and Assistant Treasurer. (30)

See the Colonial Secretary Correspondence Guide for a list of holders of the offices of Colonial Secretary, 1821-1959 and Chief Secretary, 1959-76.

ENDNOTES:

1. Australian Dictionary of Biography, Vol.1, 1788-1850, A-H, p.463. See also Historical Records of Australia (HRA). Series I, Vol.10 General Dispatch No.1 of 1821 Governor Macquarie to Earl Bathurst 7 February 1821 - Arrival of F. Goulburn, p.380. Goulburn arrived on the ship Hebe on 31 December 1820 and was sworn in the following day.

2. Goulburn’s official appointment date was 1 January 1821. HRA. Series I, Vol.10 p.664 (Dispatch No.17 of 1822 Sir Thomas Brisbane to Earl Bathurst) records his commission from George IV dated 30 June 1820.

3. Dispatch from the Right Honourable the Secretary of State for the Colonies, to His Excellency Governor Sir Thomas Brisbane, transmitting a Warrant appointing a Legislative Council in the Colony of New South Wales, 19 January 1824, in Minutes and Proceedings of the Legislative Council from 1824 to 1831 and Votes and Proceedings of the Legislative Council form 1832 to 1837, Sydney, Government Printing Office, 1847, p.1.

4. Darling to Hay, 2 February 1826, HRA Series I, Vol.12, p.152.

5. HRA Series I Vol.13, p.564 - 27 October 1827.

6. Arthur McMartin, Public Servants and Patronage: The Foundation and Rise of the New South Wales Public Service, 1786-1859. Sydney, Sydney University Press, 1983, p.160.

7. S.G. Foster, Colonial Improver: Edward Deas Thomson 1800-1879. Melbourne, Melbourne University Press, 1978, p.64.

8. Ibid., pp.66-67.

9. Ibid., p.139.

10. Colonial Secretary: Return of the Department of Colonial Secretary, 17 April 1855 (SRNSW ref: [4/720.1]).

11. NSW Government Gazette No.155, 9 October 1856, p.2661.

12. Ibid., p.2661.

13. Ibid., p.2661.

14. Ibid., p.2661.

15. Ibid., p.2661.

16. A.G. Kingsmill, Witness to History: A short study of the Colonial Secretary’s Department. Sydney, Alpha Books, 1972, pp.18, 25.

17. Third Supplement to the NSW Government Gazette No.201, 4 October 1859, p.2171.

18. NSW Government Gazette No.112, 2 October 1959, p.3009.

19. NSW Government Gazette No.40, 13 February 1866, p.453.

20. Minutes of Evidence - Principal Under Secretary for the Colony Critchett Walker - First Examination - Report of the Royal Commission to Inquire into the Civil Service, in Votes and Proceedings of the Legislative Assembly 1894-95, Vol.3, pp.133-136.

21. Ibid. (Critchett Walker - second examination), p.425.

22. Supplement to the NSW Government Gazette No.992, 4 December 1896, p.8773.

23. Ibid., p.8773.

24. Ibid., p.8773.

25. Supplement to the NSW Government Gazette No.72, 22 April 1914, p.2471.

26. Report of the Royal Commission (Mr. G. Mason Allard) respecting Administration of Acts relating to State Children. (Being the Fifth Sectional Report on Public Service) in NSW Parliamentary Papers, Second Session 1924, Vol.4, pp.491-492.

27. These actions flowed from the Flour Acquisition Act 1931, and the Report of the Royal Commission of Inquiry into the Price of Bread, County of Cumberland in the Joint Volume of Papers presented to the Legislative Assembly and Legislative Council, Vol.5, 1930-31-32, pp. 441-464; see also the Bread Contract for Unemployed Food Relief with Shadlers Limited and related correspondence, pp.1093-1108.

28. A.G. Kingsmill, op. cit., p. 50.

29. The Lewis Ministry did not appoint a Chief Secretary. NSW Government Gazette No.5, 3 January 1975, pp.49-50.

30. Barry Moore, ‘Machinery of Government Changes in New South Wales", Public Administration, Vol. XXXIV, No. 2, June 1975, pp.119, 121-122, 124.

The office of the Registrar General was constituted on 1 January 1844 by the "Deed Registration" Act of 1843 (7 Vic. Act No. 16). This Act provided for the appointment of a Registrar General to replace the Registrar of the Supreme Court (1) as the officer responsible for the "registration of wills and devises deeds conveyances and other assurances affecting real property"(2) ; "Acts of the Colonial Legislature charters of incorporation memorials of public companies"(3) ; and "of certain marriages births baptisms and burials".(4)

In December 1849 the office of the Registrar was abolished and its functions transferred to the Prothonotary of the Supreme Court (5) . In 1855 An Act for registering Births, Deaths and Marriages (Act 19 Vic. No. 34) revived the office of Registrar General (6) making compulsory the registration of births, deaths and marriages (7) and for the division of the colony into registration districts(8). It also provided that quarterly returns of registrations were to be made by District Registrars to the Registrar General, who was to keep these returns in the General Registry.

In 1857 an "Act for the transferring to the Registrar General the duties of the Chief Clerk of the Supreme Court as Registrar of Deeds and other Instruments (Act 20 Vic. No. 27), which was assented to on 11 March, 1857, transferred all Instruments and duties of registration to the Registrar General. (9) In 1858 the Registrar General's activities were carried out by two branches - Births, Deaths and Marriages and Registration of Deeds.(10).

The Registrar General kept the life histories of the citizens of New South Wales. Copies of the Church records held by the Supreme Court were transferred to the Registrar General. In an endeavour to obtain a complete set of records for the period prior to 1856, an arrangement was made in 1878 for the transfer of old Church of England records of burials, baptisms and marriages. With the co-operation of the various churches further additions have been made to the records (11).

With the post war boom there was an increase in the number of civil marriages, which were the direct responsibility of the Registrar General's Department. (12).

On 9 October 1975 the Registrar General's Births, Deaths and Marriages Branch became a separate agency known as the Registry of Births, Deaths and Marriages (13). The Registration of Births, Deaths and Marriages (Amendment) Act, 1975 (Act No.57, 1975) made provision for the appointment of a Principal Registrar and transferred to him the powers, duties and functions previously entrusted to the Registrar General.(14).

On 26 May 1982, the Registry of Births, Deaths and Marriages was removed from the Department of Services and added to the Department of Attorney General and of Justice (15).

From 1993 the Registry was placed in the Information and Regulation Program of the Attorney General's Department (16) and the following year it was one of the commercial enterprises conducted by the agency. (17) By 2002 the Department's division into programs had ceased and the Registry began reporting directly to the Director General. (18)

In 1996 the agency listed its prime function as the registration of" births, deaths and marriages, changes of name, adoptions and legitimation occurring in NSW. It undertakes the maintenance and safekeeping of the records relating to this function, and offers the following services: the issue of certificates relating to births, deaths and marriages, the collection and provision of selected statistical data to approved organisations and government agencies, the performance of civil marriage ceremonies and administration of matters related to the Commonwealth Marriage Act of 1961 (19).

From 1 July 2009 when the Attorney General's Department was abolished the Births, Deaths and Marriages Branch became a branch of the new Principal Department, the Department of Justice and Attorney General. (20)

From 4 April 2011 when the name of the Department of Justice and Attorney General was changed the Births, Deaths and Marriages Branch became a branch of the Department of Attorney General and Justice. (21)

Endnotes

(1) Deed Registration Act 1843 s.1

(2) Ibid s.3

(3) Ibid s.3

(4) Ibid s.3

(5) An Act to abolish the office of the Registrar-General and to make further provision for the Registration of Deeds,. and other Instruments (Act 13 Vic. No. 45) s 1,2

(6) In 1855 An Act for registering Births, Death and Marriages, 1855 s. 2

(7) An Act for registering Births, Death and Marriages, 1855 s. 17, 21

(8) An Act for registering Births, Death and Marriages, 1855 s. 3

(9) An Act for the transferring to the Registrar General the duties of the Chief Clerk of the Supreme Court as Registrar of Deeds and other Instruments, 1857 s.1,2

(10) Blue Books (Public Service Lists) 1858, Sydney, Government Printer, 1858 pp23-24

(11) 'Know Your Departments, 18. Registrar General', Progress Vol. 5, No. 2, February 1966, p. 21.

(12) Ibid. p. 95-96.

(13) Public Service Notices 3/12/1975.

(14) The Registration of Births, Deaths and Marriages (Amendment) Act, 1975 , s.4, 4A

(15) Public Service Board Notices No 135. 9/06/1982.

(16) Report of the Attorney General's Department for the year ended 30 June 1993 p. 15, 58ff

(17) Report of the Attorney General's Department for the year ended 30 June 1994p. 46-47

(18) Report of the Attorney General's Department 30 June 2002 p. 7

(19) New South Wales Government Directory, Sydney, New South Wales Government Information Service, 1996.p. 83-84

(20) Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No 352) cls. 20; notified on NSW Legislation website, 27 July 2009.

(21) Public Sector Employment and Management (Departments) Order 2011 (2011 No 184) cls. 36; notified on NSW Legislation website, 3 April 2011.

References

(1) Blue Books (Public Service Lists) 1858 - 1960, Sydney, Government Printer, 1858- 1960

(2)NSW Department for the Attorney General and of Justice. "Outline"", 1966-1976.

The Lunacy Act of 1878 (42 Vic Act No. 7) made provision for the appointment of a Master of Lunacy (the Master in Equity "for the time being... . shall be also the Master in Lunacy").(1) The Act prescribed that his duties were to "undertake the general care, protection and management or supervision of the management of estates of all insane persons and patients in New South Wales." (2) The Act empowered the Master to sell or otherwise dispose of the property of an insane person 's to meet the cost of his care, the maintenance of his dependants or payment of his debts or to make other arrangements for the management of his property. (3) If necessary the Master could conduct a hearing to identify the assets of a patient including the calling and cross examination of witness usually including the patient's next of kin. (4)

Arthur Todd Holroyd Esquire assumed the Office of the Master of Lunacy on 16 May, 1879 (5), but his office was not fully operational until 3 September, 1879. (6)

The Lunacy Act (further amendment) Act, 1893 [56 Victoria, Act No. 23] gave a clearer definition of the duties of the Master in Lunacy, enumerating in some detail his powers in relation to the property of patients, (6) executing instruments on their behalf, (7) disposition of their money including investment (8) and the dispersal of their property after death. (9)

The Australian Lunacy Convention Act, 1894 [58 Victoria, Act No. 5], further extended the powers of the Master in Lunacy to exercise the powers of the Court and in order to assist with his increasing workload facilitated the appointment of a Deputy Master and a Chief Clerk.

The Lunacy Act of 1898 (Act No 45, ,1898) repealed the previous Lunacy Act of 1878 and authorised the appointment of a Deputy Master in Lunacy (10) while retaining the clause relating to the powers and duties of the Master in Lunacy and the Master in Equity. (11) It placed control of all NSW asylums under the protection of a central administration (12) and commissioned the Inspector General to inspect all licensed establishments where insane persons were held, and to report annually to the Colonial Secretary.(13)

The Lunacy (Amendment) Act, 1955 (Act No. 3, 1955) gave the Master the same of collection, recovery, management, sale, disposition, administration, and inquiry over property in New South Wales belonging to psychiatric patients confined in other British countries (14)

The Lunacy Act 1898-1955 was repealed by the Mental Health Act (No.45, 1958) which altered the name of the Master's office from the Master in Lunacy to the Master in Protective Jurisdiction of the Supreme Court. The office continued to be held by the Master in Equity (15) In addition to his existing functions the Master could engage an agency (Bank, solicitor, stockbroker or other person) to administer or manage the estate of a patient, protected or incapable person. (16) The range of activities which could be performed in the name of the patient was expanded to include receiving moneys from private properties, selling property to a value of £1000, entering contracts, bringing or defending legal actions, managing a business, entering contracts, transferring land to the Real Property Act, 1900, sequestrating the estate under bankruptcy laws. (17)

The Supreme Court Act, 1970, (Act No 62, 1970) together with amendments to the Mental Health Act, effective from 1 July 1972 altered the name of the Protective Jurisdiction of the Supreme Court to the Protective Division (18) and the title of the Deputy Master in the Protective Division to the Registrar in the Protective Division. (19) The Master's Office became known as the Protective Office.

In 1977 the role of the office was described as follows

"The office is concerned mainly with the management and protection of the estates of psychiatric patients.

"Functions: Investigation, protection and management of estates of individuals who have been committed as patients in State psychiatric hospitals and the estates of voluntary patients where such patients have requested management of their affairs including also the continuation of the management of the estates of discharged patients where they are unable to manage their own affairs.

"Operation of the Registry of the Protective Division of the Supreme Court and supervision of the management of the estates of protected and incapable persons where private managers have been appointed by the [Supreme] Court.

"Services: Protective and managerial services so far as the business affairs of patients are concerned including:

Collection of income and capital entitlements;

Payment of Debts;

Providing for the maintenance of patients and dependants;

Leasing, purchase and sale of real estate;

Investments;

Income and land tax returns;

Repairs and maintenance of real estate" (20)

The Office of the Protective Commissioner was placed on a firmer legislative basis and became a statutory body under the Protected Estates Act, 1983 and the office was re-constituted from 8 August, 1985 when the Act was proclaimed.

FOOTNOTES

(1) Lunacy Act, 1878 s.105

(2) Loc. Cit.

(3) Ibid. s. 106

(4) Ibid s. 109 ff

(3) NSW GG 16 May, 1879 p.2145.

(4) Public Service Lists, 1880 p.31.

(5) Loc Cit.

(6) Report on the working of the Department of the Master in Lunacy, to 31 December, 1880 p.1 in NSW Parliamentary Papers 1880-81 vol 2. P.51

(6) Lunacy Act, Further Amendment Act, 1893 s. 21

(7) Ibid. s. 23

(8) Ibid. s. 25-26

(9) Ibid. s. 32

(10) Lunacy Act, 1898 s. 115

(11) Ibid ss.115 - 167

(12) Ibid ss. 77 - 78

(13) Ibid ss. 77 -81

(14) Lunacy (Amendment) Act, 1955 s 2. Addition to section 167B of the original Act

((15) Mental Health Act, 1958 s.3(2)(a)

(16) Ibis. s. 52 (2) -(3)

(17) Ibid. S. 61

(18) Supreme Court Act, 1970 s.8(b)

(19) Ibid. S. 8(f)

(20) NSW Government Directory 1977 p. 77 'Protective Office'

The office of the Registrar General was first constituted on 1 January 1844 by the Deeds Registration Act 1843 (7 Vic. Act No. 16). This Act appointed a Registrar General to replace the Registrar of the Supreme Court as the officer responsible for the "registration of wills and devises deeds conveyances and other instruments affecting real property" ..." Acts of the Colonial Legislature charters of incorporation memorials of public companies"..." of certain marriages births baptisms and burials" (1).

In December 1849 An Act to abolish the office of Registrar General and to make further provision for the Registration of Deeds and other Instruments (Act 13 Vic. No. 45) transferred all registry functions to the Prothonotary of the Supreme Court (2). The Act came into force on 1 January 1850. After a break of six years, the office of Registrar General was revived in 1855 by An Act for registering Births, Deaths, and Marriages (Act 19 Vic. No.34). (3) This Act made provision for the compulsory registration of births, deaths and marriages (4) and for the division of the colony into registration districts. (5) An Act for the transferring to the Registrar General the duties of the Chief Clerk of the Supreme Court as Registrar of Deeds and other Instruments (Act 20 Vic. No.27), was assented to on 11 March 1857. All Instruments, index books, documents, writings and duties of registration were transferred from the Prothonotary to the Registrar General.

From 1858 the Registrar General's activities were carried out by two branches - Births, Deaths and Marriages and Registration of Deeds (6). A separate Land Titles Branch was established on 1 January 1863 (7) The Deeds Branch eventually came to include the Deeds, Companies, Business Names, and Bills of Sales Sections). (8). In accordance with the provisions the Companies Act 1936 (Act No. 33, 1936) the registration of companies was conducted by the Registrar General (9) who also discharged such duties, powers and functions as were committed to him by this Act until 1961. By 1955 it was necessary to establish a Companies Branch to handle this business. (10)

The Real Property Act 1862 (26 Vic. Act No. 9) introduced the Torrens System of land title, the main feature of which is a single document - the Certificate of Title. The new system, required registration of sales with the Land Titles Office and the creation of registers for recording the title to the land. The conversion of Old System titles to Torrens (New System) title was possible following the lodgement of a primary application with all supporting documentation providing evidence of title. The Torrens System replaced the more cumbersome and less certain 'Old System' titles in which a sheath of documents recording all land transfers was required. In conjunction with this Act a separate Land Titles Branch was established on 2 January 1863 with the appointment of the Registrar General and Land Titles Commissioner, two Land Titles Commissioners, two Examiners of Titles, a Deputy Registrar General, two Draftsmen, and a clerk.

The Companies Act of 1874 invested all powers of company registration in the hands of the Registrar General until a Registrar of Joint Stock Companies was appointed (11). The Registrar-General continued to hold this position until 1937 (12). The Registrar maintained a register of Public Companies (later known as Liability Companies) from 1874 and under the No Liability Mining Companies Act, 1881 was required to maintain a register of No Liability Mining Companies.

The Companies Act 1961 (Act No. 71 1961) established a Registrar of Companies which was administratively removed from the Registrar General's Department (13) when the Act was proclaimed on 1 July 1962 (12). In preparation for this change the Companies Branch was physically removed from the Department on 19 February, 1962 (14). In 1975, under the Registration of Births, Deaths and Marriages (Amendment) Act, 1975 (Act No. 57 1975) the Births, Deaths and Marriages Branch also became a separate agency known as the Registry of Births, Deaths and Marriages (15).

This marked the effective end of the Registrar General as an 'umbrella' agency for major State registration functions, although the Land Titles Office continued to be known as the Registrar General's Office until 9 June 1985 when the name of the Registrar General's Office was officially changed to the Land Titles Office (16).

FOOTNOTES

(1) Deeds Registration Act 1843 s. 3

(2) Deeds Registration Act 1849 s.1,2

(3) An Act for Registering Births, Deaths and Marriages 1855 s.2.

(4) Ibid

(5) Ibid. sis. 3-4

(6) Public Service Lists , 1858 p. 23-4

(7) Public Service Lists, 1863 p.12

(8) Companies Act 1936 s. 7

(9) Public Service Lists, 1955, p.82

(10) Companies Act 1961 s.7

(11). Companies Act 37 Vic. No.19 (1874) Part 5, 222 (5)

(12). T. Le M. Wells, “The Practice of the Registrar-General’s Department (New South Wales)”, The Law Book Co. of Australasia, Sydney, 1953, p.135

(13) NSW Government Gazette

(14) NSW Government Gazette, 9 February, 1962 p. 375

(15) The Registration of Births, Deaths and Marriages (Amendment) Act, 1975 , s.4, 4A

(16) Public Service Notices No. 287 03/07/1985, p.3.

REFERENCES

(1) Archives Authority of NSW, "The Concise Guide" 2nd Edition. "Registrar General". Sydney, The Authority, 1992.

(2) "Outline", 1966 - 1976.

(3) Public Service Lists, 1857 - 1960.

The first Medical Adviser to the Government was appointed in 1848 with responsibility for the general supervision of the colony's medical institutions after the Convict Medical Establishment was discontinued. All correspondence by medical officers was to be directed through him, and he was to prepare returns required by the government (1).

The Medical Adviser's responsibilities gradually widened to include the presidency of the Board of Health, and supervision of the various health inspectors. In February 1904 the whole of the public health organization was brought under control of the Colonial Secretary's Department, the Board of Health and the Health Officer of Port Jackson having previously been under the control of the Colonial Treasurer (2). Following the consolidation of the departments of the Board of Health and Chief Medical Officer to the Government (as the Medical Adviser was then known), a Department of Public Health was established in April 1904, with the President of the Board of Health classified as its permanent head (3).

FOOTNOTES

(1) "Concise Guide" 2nd Edition, "D - G", "Government Medical Adviser" p.40.

(2) Public Service List, 1856 - 1904.

(3) Government Gazette, 15/04/1904 p.3049.

The Board of Health, consisting of six members, a was appointed, under the provisions of the Infectious Diseases Supervision Act, 1881 (Act No. 25 of 1881), as a "Board of Advice to assist in preventing the spread of small pox." (1) On 6 January, 1882 a proclamation in the NSW Government Gazette notified the appointment of nine members of the re-named Board of Health. The Board consisted of The Mayor of Sydney, The Under-Secretary for Finance and Trade, The Inspector-General of Police, the Health Officer and five medical practitioners. (2) In August 1883 C.K. Mackellar became the first President of the Board (3) combining that office with the position of Health Officer for Port Jackson to which he had been appointed in July 1882. (4)

Under the Noxious Trades and the Slaughtering of Cattle Act, 1894 (57 Vic. Act No. 21) the Board of Health acquired responsibility for inspecting registers of persons carrying out noxious trades; receiving reports from local authorities relating to Noxious Traders, if necessary entering and inspecting premises where noxious trades were carried out; (5) and controlling of abattoirs (6)

The Board was restructured under An Act to Promote the Public Health, 1896 (60 Vic. Act No. 38) which set the membership of the board at between seven and ten at least four of whom should be medical practitioners. (7) The responsibilities of the Board were as follows:

. exercising responsibilities under the Noxious Trades and Cattle Slaughtering Act, 1894 (8)

. exercising the powers conferred upon local authorities by the Dairies Supervision Act (9)

. exercising responsibilities conferred upon local authorities under An Act to Promote Public Health, 1896 (10)

. authorising any inquiry into any matter concerning public health (11)

. inspection of water supply and sewerage works and making recommendations to the Secretary for Public Works (12)

Local Authorities were required to make available all relevant records to the Board (13) The Board was to make regulations for its own procedures and to assign responsibilities to its members. (14)

The Board of Health was incorporated by The Public Health Act, 1902 (Act No. 30, 1902). (15) In addition to the responsibilities incurred upon it by the Public Health Act, 1897 the Board assumed responsibility for authorising isolation under the Quarantine Act, 1897 (16) and recommending the creation of new medical districts or alteration to boundaries of existing ones. (17) The Act required local authorities to submit a quarterly report to the Board covering all public health issues and the administration of the Public Health Act within their district. (18) Frank Tidswell, Principal Assistant Medical Officer also filled the role of Microbiologist from 1 January, 1898 until 1 July 1908 when the Bureau of Microbiology was established. (19)

In February 1904 the whole of the public health organisation was brought under the control of the Colonial Secretary's Department, the Board of Health and the Health Officer of Port Jackson having been previously under the control of the Colonial Treasurer. Following the consolidation of the department of the Board of Health and the Chief Medical Officer to the Government, as the Medical Adviser was by then known, a Department of Public Health was established in April 1904, with the President of the Board of Health being classed as the Permanent Head. (20)

Under the Pure Foods Act, 1908 ( Act No 31, 1908) the Board was authorised to require an analysis of any food, drug or appliance being advertised and could recommend the publication in the Gazette of the report prepared. These recommendations were made by the Advisory Committee for the Purposes of the Pure Food Act of which the President of the Board of Health was the ex-officio Chairman. (21) The board could also advise that any product be withdrawn from sale or that advertising cease if it "is injurious to life or health, or which by reason of its inactivity or inefficiency is useless for the advertised purposes or cure" (22) The Act also provided for the Board to require adequate labelling of disinfectants, germicides, antiseptics and preservatives (23) and could require councils to submit representative samples of food and drugs for testing. (24)

The Board was composed of medical practitioners, lay members and government officials, with, from 1913, the Director General of Public Health as President. (25)

The Public Health (Amendment) Act, 1915 (Act No. 7, 1915) strengthened the role of the Board to require Councils to maintain cleanliness and acceptable health standards in their areas of responsibility including for the sewerage and drainage, sanitation, public baths, abattoirs, cemeteries. (26) The Board was authorised to recommend changes to the regulations under the Factories and Shops Act, 1912 (27) , to inspect premises licensed under the Liquor Act, 1912 (28), to take a role in the diagnosis and isolation of tuberculosis patients (29) recommend regulations for containing infectious disease by regulating those employed in the food packaging industry (30) declaring infected areas to control smallpox, plague, cholera or similar diseases (31) and to identify premises unfit for human habitation. (32)

The Public Health (Amendment) Act, 1921 (Act No.18, 1921) authorised the Board to declare rat-infected premises a nuisance and authorised the Board to prepare regulations to assist in the control of rats and mice and the prevention of diseases caused by them. Regulations could include penalties for non-compliance. (33)

The Public Health Amendment Act, 1944 (Act No 16, 1944) altered the constitution of the Board bringing into legislation the convention that the Director General of Public Health is ex-officio the President of the Board of Health. (34) The Board's right of entry under the Dairies Supervision Act, 1901 was withdrawn, but it acquired similar rights under the Local Government Act, 1919 and subsequent acts. (35) The Board's discretion to authorise inquiries was expanded to allow the taking of samples for the purposes of analysis. (36) The Constitution was changed to reflect the fact that the Board's staff or other persons authorised by it may carry out some of its functions.

The Fluoridation of Public Water Supplies Act, 1957 (Act No 58, 1957) gave the Board the responsibility to authorise water supply authorities to add fluoride to water (37) and to make recommendations for regulations for the analysis of water and for the protection of employees involved in fluoridation. (38)

The Board of Health was abolished by the Health Commission Act, 1972 (Act No 63, 1972) on 30 April 1973. The Board last met on 11 April, 1973. (39) Its functions were taken over, in June 1973 by the Advisory Board of Health. (40)

FOOTNOTES

(1) Infectious Diseases Supervision Act, 1881 (Act No. 25 of 1881) s.1.

(2) NSW Government Gazette, 6 January 1882, p.60.

(3) NSW Government Gazette, 21 August 1883, p.4995.

(4) NSW Government Gazette, 25 July 1882, p.3845.

(5) Noxious Trades and the Slaughtering of Cattle Act, 1894, ss.4-7.

(6) Ibid. s.16.

(7) An Act to promote the Public Health, 1896 s.3.

(8) Ibid.

(9) Ibid. s.4.

(10) Ibid.

(11) Ibid. s.7.

(12) Ibid. s.8.

(13) Ibid. s.5.

(14) Ibid. s.6.

(15) Public Health Act 1902 s.6.

(16) Ibid. s.15.

(17) Ibid. s.16.

(18) Ibid. s.23.

(19) Blue Book 1909, p.20; NSW Government Gazette, 16 July 1908, p.3900.

(20) NSW Government Gazette, 15 April 1904, p.3049.

(21) Pure Food Act, 1908, s.16.

(22) Ibid. s.17.

(23) Ibid. s.19.

(24) Ibid. s.26.

(25) Parliamentary Papers 1914/15, Volume 4, p.175 Director-General of Public Health, Annual Report for the Year ended 30 June, 1913, p.1.

(26) Public Health (Amendment Act) 1915 ss.3-6 and Schedule 1.

(27) Ibid s. 7 and Schedule II.

(28) Ibid. s.8.

(29) Ibid. s.10.

(30) Ibid. s.13.

(31) Ibid. s.15.

(32) Ibid. s.16.

(33) Public Health (Amendment) Act, 1921 s.4.

(34) Public Health Amendment Act, 1944 s.3 (a) (i).

(35) Ibid. s.3 (a) (ii) (b).

(36) Ibid. s3 (a) (ii) (d)

(37) Fluoridation of Public Water Supplies Act, 1957 s.6.

(38) Ibid. s.11.

(39) Advisory Board of Health Minute Book, 1973-1974 [6/4477] p.1; Health Commission Act, 1972 (Act No.63, 1972), s.16 (2); NSW Government Gazette No.53, 27 April 1973, p.1428.

(40) Ibid.

REFERENCES

(1) "Concise Guide", 2nd Edition. "A - Cl", "Board of Health" p.22.

The Dental Board of New South Wales was constituted by the Dentists Act (No.45, 1900) which was assented to on 5 November 1900. Originally the Board consisted of two duly qualified medical practitioners and four dentists qualified for registration under the provisions of the principal Act, and two persons not being either medical practitioners or dentists, appointed by the Governor-in-Council for a period of three years. (1) The Dentists Act, 1900 also provided for the appointment, by the board, of a registrar whose duty it was to maintain the register of dentists. (2) The Act laid down the qualifications necessary for registration as a dentist (3) and defined the circumstances under which the Board could refuse registration or remove persons from the register. (4) The Dental Board was dissolved, all regulations repealed and all money in its possession was passed into consolidated revenue by the Dentists Act, 1909. (5)

FOOTNOTES

(1) Dentists' Act, 1900 s. 3

(2) Ibid. s. 6 -7

(3) Ibid. s. 11

(4) Ibid. s. 9

(5) An Act to amend the Dentists' Act, 1909 s. 6

REFERENCES

(1) "Concise Guide", 2nd Edition. "D - G", "Dental Board" p.14.

F. Norton Manning was appointed Inspector of the Insane on 1 January 1876 (1) In his first report the Inspector advised that he had the responsibility to inspect the following institutions:

Asylum for Imbeciles and Institutions for Idiots, Newcastle

Lunatic Reception House, Sydney

Branch Asylum, Callan Park

Temporary Lunatic Asylum, Cooma. (2)

The Lunacy Act of 1878 (42 Vic. No.7) extended the Inspector General's supervision to include all hospitals and licensed houses which cared for the insane or the criminally insane. (3) The Inspector's role was

* to visit each institution bi-annually with or without notice and to make a thorough inspection of the property and see every patient. A report of each visit was to be recorded in the 'Inspector General's Book'. If necessary the Inspector was to examine the licence of the Institution (4)

* to visit and report on hospital wards, reception house and prisons which housed the insane as often as necessary (5)

* to inquire about treatment given to each patient and to assess the facilities made available to patients, how they are supported financially and to inspect the hospital's records. (6)

* to visit houses licensed to care for a single psychiatric patient and report as with other institutions. (7)

* to inspect architectural plans for additions to existing institutions for the insane (8)

* to authorise the transfer of patients between institutions (9)

* to consent to the transfer of patients for health purposes (10)

* to report annually to the Colonial Secretary. (11)

The Inspector- General was not to have any interest in any licensed premises for the treatment of the mentally ill, or to sign certificates for the admission of patients, except the criminally insane. (12)

In 1918 (?) the title of the Office was altered to the Inspector-General of Mental Hospitals. (13)

The Lunacy (Amendment) Act, 1952 (Act No.31, 1952) authorised the Inspector General to consent to patients undergoing leucotomy, electro-convulsive therapy, electro narcosis therapy, insulin therapy and other medical or surgical procedures in some cases overriding the objection of the patient's next of kin. (14)

The Mental Health Act, 1958 (Act No.45, 1958) changed the name of the office to Inspector General to the Director of State Psychiatric Services and set down his responsibilities as follows:

* to visit and inspect every admission centre, mental hospital and authorised hospital with or without notice whenever he thinks fit (15)

* to make any inspection, investigation or inquiry that he thinks fit (16)

* to carry out any inspection, investigation or inquiry as directed by the minister with respect to he care, treatment or control of patients and voluntary patients or with respect to the management of the hospital or centre (17)

* To require any person to furnish him with information , to produce relevant records or to give evidence as may become necessary during routine or special inspections, investigations or inquiries (18)

* To report annually to the Minister. (19)

The Director was forbidden to have any financial interest in any authorised hospital or to sign certificates for the admission of patients into hospitals or other facilities for the care of the mentally ill. (20)

The Health Commission Act, 1972, (Act No.63, 1972) which came into effect on 30 April 1973, abolished the office of the Director of State Psychiatric Services and conferred the statutory powers, authorities and functions of this office on the Health Commission. (21)

Within the Blue Books, 1876-1960, this office is listed under the broader category / function of "Lunatic Asylums" or "Lunacy".

FOOTNOTES

(1) NSW Government Gazette 14 January, 1876 p. 161.

(2) Annual Report of the Inspector General of the Insane, for 1876, p.1 in Votes and Proceedings Vol 4 1876-77,. p.761.

(3) Lunacy Act, 1878, s.69.

(4) Ibid.

(5) Ibid. s.70.

(6) Ibid. s.71.

(7) Ibid. s.72.

(8) Ibid s.75.

(9) Ibid. s.80.

(10) Ibid. s.82.

(11) Ibid. s.73.

(12) Ibid. s.74.

(13) For example Public Service Lists, 1918, p.10; Annual report of the Inspector-General of Mental Hospitals for the year ended 31 December, 1918, p.1 in NSW Parliamentary Papers 1919, Volume 2, p.875.

(14) Lunacy (Amendment) Act, 1952, s.2.

(15) Mental Health Act, 1952, s.7(2).

(16) Ibid.

(17) Ibid.

(18) Ibid. s.7(3).

(19) Ibid. s.7(5).

(20) Ibid. s.7(4).

(21) Health Commission Act, 1973, s.22; NSW Government Gazette, 13 April 1973, p.1321-2.

REFERENCES

(1) "Concise Guide", 2nd Edition "H-K", "Inspector General of Mental Hospitals" p.59.

(2) Public Service Lists, 1876-1960.

The first New South Wales Medical Board was constituted by An Act to define the qualifications of Medical Witnesses at Coroner's Inquests and Inquiries held before Justices of the Peace in the Colony of New South Wales [2 Victoria, Act No. 22]. The Act authorised the Governor or Acting-Governor to appoint a committee consisting of not less than three members, being of the medical profession, one of whom was to be nominated President, together with a Secretary. (1) The Board was responsible for examining and approving of medical qualifications submitted to it by persons desirous of being declared legally qualified medical practitioners.(2) Qualifications acceptable were a medical degree, a licence as a physician or surgeon from a British or Irish college, membership of the Company of Apothecaries, London or an army or navy medical officer. (3) It had, further, to "cause the names of all 'legally qualified Medical Practitioners' to be registered in a book to be kept by the said board for that purpose," and to cause the names of those registered to be published annually in the Government Gazette for the information of the Coroners, Magistrates and the public.(4) The prime purpose for the establishment of the Board was to determine who should be deemed a legally qualified medical practitioner for the purposes of An Act to provide for the attendance of Medical Witnesses at Coroner's Inquests and Inquiries held by Justices of the Peace ( 1 Vic. Act No.3) .

The 1838 Act was amended by An Act to amend the Medical Witnesses at Inquests Act, 1844 (8 Vic. no.8) which authorised the Superintendent of Port Phillip to appoint a Medical Board for the district of Port Phillip to consist of at least three qualified medical practitioners (5) with a similar role to the Medical Board. (6) Those registered by either Board were eligible to practice throughout the whole colony. A further amendment act An act to define the qualifications of Medical Witnesses at Coroners' Inquests, 1845 (9 Vic no.12) enabled Members or Licentiates of the Apothecaries Hall, Dublin to be "legally qualified Medical Practitioners." (7)

These laws were amended by An Act to provide for the Registration of Legally Qualified Medical Practitioners, 1855 (19 Victoria Act No. 17) which provided for some foreign qualifications to be acceptable to the Board (8) The amending act also required that three members constitute a quorum of the Board (9) and authorised an acting president to be nominated in the absence of the President (10) Forging of qualifications or giving false evidence to the Board became a crime under the new Act. A person found guilty of this offence could be imprisoned with hard labour for up to five years. (11)

This Act was consolidated by the Medical Practitioners Act 1898 (No.26, 1898) without significant amendment to the provisions relating to the constitution of the Board or the maintenance of its register, but Medical Practitioners (Amendment) Act, 1900 (Act no. 33, 1900) imposed penalties for a person using titles including Surgeon or Physician if not appropriately registered. These offences could result in being fined or imprisoned for up to twelve months. (12) The amending Act also allowed for the removal from the Register of any member who ceased to be qualified or any practitioner who had committed a felony or misdemeanour. (13) The Board's register acquired the status of prima facie evidence in relation to the names recorded in it (14) The Medical Practitioners Further Amendment Act, 1900 (Act No 70, 1900) authorised the Board to sit as an open court to hear cases of professional misconduct, and appeal was available to the Supreme Court. (15) The second amending Act of 1900 also ruled that a person who advertises that he can cure an illness must use his full name, and penalties were introduced for breach of this requirement as well to a person falsely claiming to be the person in the advertisement. (16) The Act also authorised the creation of a separate register of unqualified persons (17)

The Medical Practitioners Act (No.29, 1912) consolidated the existing legislation relating to the NSW Medical Board.

The Medical Practitioners Act (No.37, 1938) constituted a Board of between seven and than nine members (18) all of whom were registered medical practitioners. The Board was to include

* a nominee of the Senate of the University of Sydney , and

* a general practitioner with at least five years' experience outside the County of Cumberland nominated by the NSW branch of the British Medical Association. (19)

Members of the Board were elected for seven years, but were eligible for re-election (20)

The Act established a disciplinary tribunal to consist of a judge of the District Court appointed by the Governor to be chairman of the tribunal (21) and four members. The tribunal sat in open court and both the person against whom the charge was made and the complainant were eligible for legal representation (22) If found guilty the registered person could be reprimanded, suspended from practice for up to one year or removed from the register. (23)

The Medical Practitioners (Amendment) Act 1939 (Act No 5, 1939) permitted the regional registration of medical practitioners to ensure the availability of medical services in areas otherwise deficient. (24)

The Board was reconstituted by the Medical Practitioners (Amendment) Act, 1963 (Acct No 22, 1963). The new Board was to consist of 13 members viz

* the Under Secretary, Department of Public Health or his nominee

* a barrister or solicitor nominated by the Minister

* A medical practitioner nominated by the minister

* Three medical practitioners nominated by the NSW Branch of the Australian Medical Association

and one medical nominated by each of the following:

* the Senate of the University of Sydney

* the Council of the University of New South Wales

* The Royal Australasian College of Physicians

* Royal Australasian College of Physicians, NSW Committee

* Royal Australasian College of Surgeons

* Royal Australasian College of Surgeons, NSW Committee

* The Australian College of General Practitioners, NSW Faculty (25)

The Medical Practitioners (Amendment) Act, 1972 (Act No 52, 1972) established a separate register of specialists. (26)

The Medical Practitioners (Amendment) Act, 1982 amended the disciplinary procedures established by the Medical Practitioners Act, 1938. The Chairman (27) and one or two deputy chairmen (28) were to be Judges of the District Court and either the full Board or the President appointed two Board members to complete the tribunal. (29)

The Medical Board was further reconstituted by the Medical Practitioners (Further Amendment) Act, 1983 (Act No 177, 1983) The new Board of 11 members was to be comprised as follows:

* An officer of the Department of Health

* A barrister or solicitor appointed by the Minister

* A registered medical practitioner selected by the Minister from a panel of three nominated by the New South Wales Branch of the Australian Medical Association

* A registered medical practitioner selected by the Minister from a panel of 3 nominated by the Ethnic Affairs Commission of New South Wales

* A registered medical practitioner selected by the Minister from panels of three nominated by

(i) Senate of the University of Sydney

(ii) Council of the University of New South Wales

(iii) Council of the University of Newcastle

* Three registered medical practitioners selected by the Minister from panels of three nominated by

(i) The Royal Australasian College of Physicians, NSW Committee

(ii) The Australia College of Obstetricians and Gynaecologists, NSW Committee

(iii) Royal Australasian College of Surgeons, NSW Committee

(iv) Royal Australian College of General Practitioners, NSW Faculty

(v) Royal Australian College of Medical Administrators, NSW Committee

(vi) Royal Australian and New Zealand College of Psychiatrists, NSW Branch

(vii) Royal College of Pathologists of Australasia

(viii) Royal Australasian College of Radiologists

* A registered general practitioner nominated by the Minister

* Two persons nominated by the Minister to represent the interests of consumers of medical services (30)

The Medical Practitioners (Amendment) Act (No.127, 1987) reconstituted the New South Wales Medical Board as an independent self-funding corporation from 1 October 1987. The new Board of 18 members was to be composed as follows:

* A medical practitioner who is an officer of the Department of Health

* A barrister or solicitor appointed by the Minister

* Two registered medical practitioners nominated by the NSW Branch of the Australian Medical Association

* A medical practitioner nominated by the Ethnic Affairs Commission of NSW

* A registered medical practitioner selected from a list of one nominee each from (i) the Senate of the University of Sydney, (ii) the Council of the University of NSW and (iii) the Council of the University of Newcastle.

One nominee from each of the following

(i) The Royal Australasian College of Physicians, NSW Committee

(ii) The Royal Australia College of Obstetricians and Gynaecologists, NSW Committee

(iii) Royal Australasian College of Surgeons, NSW Committee

(iv) Royal Australian College of General Practitioners, NSW Faculty

(v) Royal Australian College of Medical Administrators, NSW Committee

(vi) Royal Australian and New Zealand College of Psychiatrists, NSW Branch

(vii) Royal College of Pathologists of Australasia

(viii) Royal Australasian College of Radiologists

Four other persons nominated by the Minister at least two of whom represent the interests of the consumers of medical services. (31)

The amending Act provided for the appointment of staff including a Registrar who was the Chief Executive Officer of the Board (32) The functions of the Board were

(a) the promotion and maintenance of high standards of medical practice within the state

(b) provision of advice to the Minister on the registration of medical practitioners, standards of medical practice and other matters arising from the Medical Practitioners Act or regulations under the Act

(c) publication of information regarding the Act to medical practitioners and other interested parties. (33)

The Act included provisions relating to Board members and procedures of the Board in addition to amended procedures for complaints and disciplinary hearings. (34)

The Medical Practice Act, 1992 (Act No. 94, 1992) repealed the 1938 act and its amendments. The Act constituted the New South Wales Medical Board of 18 members 'as a continuation of and the same legal entity as' the Board established by the repealed Act. (35) The Act established the Medical Tribunal consisting of the Chairperson (or Deputy Chair) appointed by the Governor and two medical practitioners and one lay person appointed by the Board. (36) The Chairperson and Deputy Chair were District Court Judges.(37) Other disciplinary and review bodies established by the Act were:

(a) Professional Standards Committees to investigate complaints or the determination of applications, (38) and

(b) Impaired Registrants Panels of two persons at least one of whom was a medical practitioner were to be formed as necessary to deal with matters referred by the Board. (39)

The Act regulated for the continuation of the Medical Education and Research Account which had been established by the amendment act of 1987. A portion of registration fees was to be diverted to this fund which was to be used for education, research, publication and information purposes if approved by at least ten members of the Board. (40)

Endnotes:

(1) Medical Witnesses at Inquests Act, 1838 s. 2

(2) Ibid.

(3) Ibid. s. 1

(4) Ibid. s. 3

(5) Medical Witnesses at Inquests Amendment Act, 1844 s. 1

(6) Ibid. s. 2- 3

(7) Medical Witnesses at Coroners' Inquests Amendment Act, 1845 s.1

(8) Registration of Legally Qualified Practitioners Act, 1855 s. 1

(9) Ibid. s. 2

(10) Ibid.

(11) Ibid. s. 3-4

(12) Medical Practitioners Amendment Act, 1900 s. 1

(13) Ibid. s. 2

(14) Ibid. s. 3

(15) Medical Practitioners Further Amendment Act, 1900 s. 1

(16) Ibid. s. 2

(17) Ibid. s. 3

(18) Medical Practitioners Act, 1938 s. 5

(19) Ibid. s. 2(3)

(20) Ibid. s. 2 (6)

(21) Ibid. s. 28 (2)

(22) Ibid. s. 28 (6)

(23) Ibid. s. 29

(24) Medical Practitioners (Amendment) Act, 1939 s. 3 which inserts a new section 21A into the principal Act

(25) Medical Practitioners (Amendment) Act, 1963. S. 2(4) (a) (ii)

(26) Medical Practitioners (Amendment) Act, 1972 s. 32b

(27) Medical Practitioners (Amendment) Act, 1982 s. 28(2)

(28) Ibid. s. 28(2C)

(29) Ibid. s. 28 (2A)

(30) Medical Practitioners (Further Amendment) Act, 1983 Schedule 1

)31) Medical Practitioners (Amendment) Act, 1987 s. 5

(32) Ibid s. 6- 7

(33) Ibid. s. 9

(34) Ibid. Schedule 2

(35) Medical practice Act, 1992 s. 130

(36) Ibid s. 147 (3)

(37) Ibid. s. 148

(38) Ibid. s. 167 - 168

(39) Ibid. s. 182 - 183

(40) Ibid. S. 145

The Sale and Use of Poisons Act, 1876 [40 Victoria, Act No. 9] provided for the appointment by the Governor, with the advice and consent of the Executive Council, of a Board of Pharmacy (1) The Board was to consist of

* the President of the new South Wales Medical Board;

* the Medical Adviser to the Government

* and the council of the Pharmaceutical Society of New South Wales. The first appointments to the Board were announced by the Governor on 14 September, 1876 and published in the NSW Government Gazette the following day. (2)

The purpose for the establishment of the Board was to prevent unqualified persons from selling poisons. (2) The prime responsibility of the Board was to issue certificates to suitably qualified persons - initially

* those admitted as Pharmaceutical Chemists by the Pharmaceutical Society of Great Britain;

* members or Licentiates of the Apothecaries Halls of London or Dublin;

* qualified medical practitioners;

* Persons apprenticed for at least three years with experience in dispensing prescriptions and successful in examination.

* Persons resident in remote areas certified by a Police Office and a Medical Practitioner as 'fit and proper persons to be allowed to sell poisons in such a place' (3)

The Board was to commence a "Register of Chemists and Druggists," which was to be alphabetically arranged according to name, and to record residence and qualifications. (4) The Register was to be maintained by the annotation of the register when certified persons were deceased and (5) removal of names of persons who became unfit because of criminal conviction, habitual intoxication or other reasons (6)

The Secretary and Registrar of the Board were to cause to be printed and published in the month of January in every year a copy of the Register showing the names and residences of all persons registered as chemists and druggists under the Act. (7)

The Board of Pharmacy of New South Wales, as constituted by the Poisons Act of 1876, was dissolved by the Pharmacy Act (No.7, 1897) which established the Pharmacy Board of New South Wales. (8)

FOOTNOTES

(1) Sale and Use of Poisons Act, 1876, s. 9

(2) NSW Government Gazette 15 September, 1876 p. 3673

(3) Sale and Use of Poisons Act, 1876, s. 10

(4) Ibid. s. 11

(5) Ibid. s. 13

(6) Ibid. s. 14

(7) Ibid. s. 20)

(8) Ibid. s. 16

(9) The Pharmacy Act, 1897 s. 1

REFERENCES

(1) "Concise Guide" 2nd Edition "Ma - Pl", "Pharmacy Board" p.65.

An Act to incorporate the Board of Commissioners for National Education, 1848 (11 Victoria, Act No. 48) appointed John Hubert Plunkett, Charles Nicholson and William Sharpe Macleay as the first National Board of Education. (1) The purpose of the Board was the regulation of schools established and managed under Lord Stanley's System of education.(2) Incorporation allowed the Board to stratify and regulate its internal structure and gave it control over the expenditure of public money. The Board was enabled to hold land in its own right and to secure full legal title for the transfer of school sites and buildings.

Much of the initial work of the National Board was occupied by administrative concerns: books had to be ordered from Ireland, plans drawn up for a Model School, and regulations drafted (3). At the end of its first year the Board was responsible for only four schools. (4) On 28th May, 1849, the Board appointed two agents to advertise the National system throughout the Colony, assist in the establishment of schools, and exercise some of the functions of inspector.

The agents were instructed to make every effort to establish new schools (5)

The Board carried out the following functions:

(a) Granting aid to assist the establishment of schools under the Act This assistance was to finance the erection and fitting out of school premises and the acquisition of schoolbooks and other supplies. (6) Aid was normally only given to schools with a minimum of thirty pupils, however, although pro rata grant was sometimes given to smaller schools. (7)

(b) Appointing teachers (8)

(c) Teacher Training which was achieved by the establishment of model schools and the institution of the pupil-teacher system (9) and the introduction of a classification of teachers (10)

(d) The Development of the Inspectoral System (11)

A school timetable for all pupils was approved by the commissioners (12) but special religious instruction was given by 'approved religious teachers' of the various denominations only to children whose parents wished them to receive it. (13)

A system of local patrons was established to supervise schools on the local level. Responsibilities included ensuring premises were adequately maintained, that adequate provisions were available, that teachers performed the required duties and that appropriate records were kept. The Committees reported to the Board with whom they also corresponded in regard to all matters relating to the school.

The Board of National Education and the Denominational School Boards functioned concurrently until the Public Schools Act, 1866 (30 Vic. no.22) replaced them with the Council of Education. (14) .

FOOTNOTES

(1) National Education Board Act, 1848 s.1

(2) Ibid.

(3) Archives Authority of New South Wales., "The Administration of Education under two Boards, 1848 - 66: A Preliminary Inventory of the Records of the Board of National Education and the Denominational School Board". The Archives Authority of New South Wales, Sydney. 1966. p.13.

(2) ibid.,

(3) Votes and Proceedings of the Legislative Council, 1850. "General Instructions for the Agents in Establishing National Schools, 23rd June, 1849. Second Report of the Board of National Education".

(4) Linz, C.C. The Establishment of a National System of Education, p. 47

(5) General Instructions for the Agents in Establishing National Schools, 23 June, 1849, in Second Annual report of the Board of National Education. Votes and Proceedings, NSW Legislative Council, 1850.

(6) Board of National Education Regulations, 1848 I,9

(7) Austin, A.G. Australian Education, 1788 - 1900, p. 110

(8) Ibid III,2

(9) Board of National Education. Annual report 1853, p. 3

(10) Board of National Education Annual Report, 1855 p. 2

(11) Board of National Education. Fair Minutes 10 July, 1849

(12) Board of National Education Regulations Appendix F

(13) Ibid. D.2

(14) Public Schools Act, 1866 s. 2

(4) op.cit., Archives Authority, pp.16 - 24.

REFERENCES

(1) "Concise Guide", 2nd Edition "A - Cl ", "Board of National Education " p.29.

Archives Authority of New South Wales. The Administration of Education Under Two Boards: a preliminary inventory of the records of the Board of National Education and the Denominational School Board. (Record Groups NBNE and NDSB. Sydney, The Authority, 1966.

In 1827, the Colonial Office sanctioned an expenditure of £200 a year for the establishment and upkeep of 'a Public Museum at New South Wales , where it is stated that many rare and curious specimens of Natural History are to be procured ' (1). The Museum was known as 'The Colonial Museum' until 1834, when it received its present name (2). It was housed in various locations until 1849 when the collections were transferred to a new site in College Street opposite Hyde Park (3).

An Act to incorporate and endow the Australian Museum, 1853 (17 Vic. Act No.2), replaced the Committee which had been appointed by the Governor to manage the Museum and its collections by a board of twenty-four Trustees entitled 'The Trustees of the Australian Museum.' This board comprised the twelve existing members of the Management Committee and twelve official Trustees consisting of the Chief Justice, the Colonial Secretary, the Attorney General, the Colonial Treasurer, the Auditor General, the Speaker of the Legislative Council, the Solicitor General, the Collector of Customs, the Surveyor General, the Colonial Architect, and the President of the Colonial Medical Board (4)

The Australian Museum Act of 1902 (Act No.61, 1902 ) repealed the Australian Museum Act, 1853 and incorporated the Trustees of the Australian Museum. (5) The Trustees were to comprise 12 Official Trustees, - the Crown Trustee named by the Governor, and the Chief Justice, the Colonial Secretary, Attorney General, the colony Treasurer, the Auditor General, the president of the NSW Medical Board and five other officers named by the Governor. The other twelve Trustees were elected trustees (6)

The Australian Museum Trust Act, 1975 (No.95, 1975) repealed the Australian Museum Act, 1902 Although the full title of the Act states the purpose of dissolving the Trustees, the Australian Museum Trust was 'a continuation of, and the same legal entity as, the body corporate entitled 'The Trustees of the Australian Museum' (7) The Trust was comprised of ten members eight of whom were appointed by the Governor and the remaining two were elected by the Trustees. (8) The objects of the trust are to propagate knowledge about the natural environment of Australia and to increase that knowledge particularly in the fields of biology, anthropology and geology. (9) The powers of the Trust included

. procuring and preserving specimens and scientific data

. promotion of natural history by providing exhibits, lectures, films, publication and other educational instruction

. provision of scientific information to the public, other museums and scientific bodies

. undertaking scientific research including outside the state

. carrying out surveys and other research

. authorising the use of the museum for educational and cultural purposes

. charging for services (10)

The Australian Museum Trust commenced operation on 21 April, 1976. (11)

The Trust is responsible for the general management of the museum and for the acquisition and disposal of property.

FOOTNOTES

(1) HRA Series 1 Vol XIII 27 March, 1827, p. 210 .

(2) Australian Encyclopaedia Vol 6 "Museums" p.212.

(3) ibid.,

(4) Australian Museum Act, 1853 s. 4

(5) Australian Museum Act, 1902 s. 4.

(6) Ibid. s. 5

(7) Australian Museum Trust Act, 1975 s. 5(2)

(8) Ibid. s. 6

(9) Ibid. s. 7

(10) Ibid. s. 8

(11) Report of the Trustees of the Australian Museum for the year ended 30 June, 1976 p. 7 in NSW Parliamentary Papers 1976-77-79 Volume 9 p. 809.

(11) N SW Ministry of the Arts Annual Report, 1988-89 p.32.

REFERENCES

(1) Public Service Lists, 1860 & 1873.

(2) Votes and Proceedings of the Legislative Council, 1833 p.89; 1834 p.208; & 1853 pp. 545 - 546.

(3) Parliamentary Papers, 1976-77-78 Vol 9 "Report of the Trustees of the Australian Museum" p.809.

On 1 October 1869, the Free Public Library was established when the building and books of the Australian Subscription Library, founded in 1826, were purchased by the government (1).

In 1898 David Scott Mitchell offered his collection of Australiana, printed books, manuscripts, prints and pictures, to be a part of the Public Library of New South Wales. The conditions were that Mitchell's collection should remain separate within the Library and that the government should proceed with the erection of a suitable National Library building in which the Mitchell bequest, and the remainder of the Library, could be properly housed. The offer was accepted and in 1899 a trust was set up for the Library and authorised to entreat with Mitchell for the custody, control and care of his collection (2).

In 1899, arising partly out of Mitchell's offer, the Library and Art Gallery Act, 1899 (Act No.54, 1899) provided for the management and control of the Library and the National Art Gallery. This Act incorporated the Library as the Public Library of New South Wales and vested the control and management of the Library in fifteen trustees, consisting of the Chancellor of the University of Sydney, three professors of the University recommended by its Senate and appointed by the Governor, and eleven others appointed by the Governor. (3)

The Library of New South Wales Act, 1969 (Act No.9, 1969), which repealed the Library and Art Gallery Act, altered the name of the Library to ' the Library of New South Wales' (4) and replaced the Trustees with the Council of the Library of New South Wales. (5) The Council consisted of eleven persons comprising:

* seven who were appointed on the nomination of the Minister after consultation with 'such persons, authorities, organisations and associations the Minister thinks fit' , and

* four who were professors or other members of the academic staff of the New South Wales universities. (6)

The Library (Amendment) Act, 1975 (No.41, 1975) repealed the Library of New South Wales Act and the principal Act became the Library Act, 1939 (7) . The Library was renamed 'the State Library of New South Wales' (8) . A Library Council of New South Wales was constituted consisting of thirteen persons appointed by the Governor (9) . This body replaced the previous Council of the Library of New South Wales and assumed many of the functions of the Library Board of New South Wales, which was also dissolved by the Act. An important function of the new Council's was acquiring responsibility of the services of both the State Library and local government libraries.(10) As a result of this Act, the State Library was re-organised into five divisions: Public Libraries Division; Information Services; Technical Services; Management Services; and Staffing.(11)

A new organisational structure was approved by the Library Council in 1996 to include: Information Technology; Resource Management; Australian Research Collections and Collection Management; Commercial Services; Library and Information Services; Corporate Sponsorship and Marketing; and, Education and Client Liaison. [12).

The Library collection's major subject strengths are Australian history, culture and literature, including Aboriginal studies; Antarctic exploration; family history and genealogy; business and management; social sciences; applied science; biography; health (Health Information Service established in 1996); and law (Legal Information Access Centre created 1989-90).[13). The Library, which includes the General Reference Library, Mitchell and Dixson Libraries and the State Film Library, provides services for individuals, researchers, community groups, business, industry, media and government.

FOOTNOTES

(1) Australian Encyclopaedia Vol 5, "Libraries" pp.299 - 300.

(2) Auditor-General: Public Library of NSW - report on methods and procedures. AONSW 5/3222, p. 1-2 .

(3) Library and Art Gallery Act, 1899 s. 1

(4) Library of New South Wales Act, 1969 s. 3(a)

(5) Ibid. s. 5(1)

(6) Ibid. s. 5(2)

(7) Library (Amendment) Act, 1975 s. 3, 4

(8) Ibid. s. 7(c)

(9) Ibid. s. 4

(10) Ibid. part III

(11) "Report of the Library Council of New South Wales for 1976, p. 4", in Parliamentary Papers 1976-77-78 Vol 8, 734:.

(12) Library Council of New South Wales Annual Report 1996 p.80.

(13) Library Council of New South Wales Annual Report 1996 p.56.

REFERENCES

(1) Public Service Lists, 1869 - 1960.

(2) "Concise Guide", 2nd Edition. " ". " " p.

(3) NSW Government Directory, 1977/8 - 1996.

Government and privately conducted charitable institutions for the care of neglected and destitute children had existed practically from the commencement of the colony. Each of these institutions was conducted by an honorary committee appointed by the Government. These homes were financed partly by private subscriptions, but substantially from public funds which also exercised financial control.(1)

Concerns about high infant mortality amongst destitute children and the adverse psychological effect of large residential care institutions precipitated the Royal Commission of Public Charities conducted in 1873. In its report the Commission advocated the use of a 'boarding-out' system for orphans and destitute children, and the appointment of an officer to administer the boarding-out of children. (2)

In 1879, a Boarding-out Society of ladies was established in Sydney by Mrs Marian Jefferis, who had been one of the founders of a similar society in Adelaide.(3). Other members included Lady Marian Allen and Mrs Mary Ischam Garran.(4) The Parkes Government granted £200 to the Society in 1879 and £400 in 1880.(5) The Society made arrangements for the boarding-out of destitute children with suitable families until the Government passed the State Children Relief Act of 1881 (44 Vic. No. 24, 1881).

The State Children Relief Act which came into force on 5 April, 1881 authorised the appointment by the Governor of The State Children’s Relief Board which was to comprise nine members including a President to be subject to the Colonial Secretary. Its task was to

. direct the removal of certain children;

. issue licences to approved persons to receive destitute children;

. arrange for these children to be apprenticed to approved persons.

The Board also was "to approve of persons applying to adopt State children and to arrange the terms of such adoption - and to direct the restoration of any child to his parent or guardian on such terms as they may think proper." (6) Children under the control of the Boarding-out Society and all the business vested in that body were legally transferred to the State Children’s Relief Board by order of the Colonial Secretary on 7 July, 1881.(7)

On 19 April, 1881 eight members of the Board were appointed. (8) The President was Arthur Renwick (9) who remained President of the Board until 1902 while serving as Secretary of Mines (1881-83) and Minister of Public Instruction (1886-87). (10) The other Board members were Joseph George Long Innes, the Minister for Justice (1880-1881) and John Rendell Street, Lady Allen, Mrs Mary Ischam Garran, and Mrs Marian Jefferis, Mrs Mary Elizabeth Windeyer, and Miss Mary Stuart. Lady Jennings was appointed to the Board on 30 September, 1881 (11).

In 1896, an Act to amend an Act to establish a system of Boarding-out Children (assented to on 10 September, 1896) extended the Board's powers by permitting it to approve allowances to widows and deserted wives so that they could support their own children at home rather than have them boarded-out to other families.(12)

The State Children Relief Act (Act No. 61, 1901), assented to on 19 December, 1901 consolidated the two previous acts.

Under the Children's Protection Act, 1902 ( Act No. 47, 1902) the Board was given more authority regarding adoption of State children under three years of age, and it was to monitor and inspect lying-in homes and the care and custody of babies born there. The Act gave courts the power to commit to the Board's control those children considered by a court to be endangered or without proper guardianship.

The Infant Protection Act of 1904 ( Act No. 27, 1904) required the Board to inspect and to report upon establishments applying to care for two or more children under seven years of age. Licenses were issued by the Minister if the premises were found satisfactory.

The Neglected Children and Juvenile Offenders Act of 1905 ( Act No.16, 1905) established shelters, industrial schools and reformatories for destitute and wayward children and constituted children's courts. It also authorised institutionalised children to be placed in the Board's care to enable boarding-out if appropriate, and gave the Board authority to request the Minister move a child between institutions.

The State Children's Relief Board was dissolved by the Child Welfare Act of 1923 ( Act No.21, 1923) which commenced on 15 December, 1923, (13) The Board's powers and authorities were vested in the Minister of Public Instruction.(14)

FOOTNOTES

(1) Gandevia, B Tears Often Shed pp. 102-112

(2) The Royal Commission of Public Charities, 2nd Report in NSW V& P 1873-74 vol. 6 pp. 437, 458-459

(3) Australian Dictionary of Biography vol. 4 1851-1890 p.475

(4) ADB vol. 3 1851-1890 p. 233

(5) ADB vol. 3 1851-1890 p. 25

(6) State Children Relief Act, 1881 (44 Vic. Act No. 24 ) s. 4

(7) State Children’s Relief Department Report for Year ended 5 April, 1882 in NSW V & P 1882, vol.2 p. 1103

(8) State Children Relief Department Report for year ended 5 April 1882, p. 16 in NSW V& P vol. 2 p. 1118

(9) ADB vol 6 1851-1890 p.20

(10) State Children Relief Board Report of the President for year ended 5 April 1910 in NSW PP 2nd session 1910 vol. 1 p. 305

(11) NSW Parliamentary Record vol. 5 1996 pp.

(12) State Children Relief Act (60 Vic, Act No. 9, 1896)

(13) NSW Government Gazette 1923 vol. 4 p. 5696

(14) Child Welfare Act ( Act No. 21, 1923) s. 4

REFERENCES:

Report of the Royal Commission (Mr. G. Mason Allard) respecting Administration of Acts relating to State Children. (Being the Fifth Sectional Report on Public Service) in the Parliamentary Papers, Second Session 1924, Vol. 4, pp. 451-502.

The State Children's Relief Department was established following the passage of the State Children Relief Act of 1881 (44 Vic. Act No.24, 1881) which provided for the appointment of one or more Boarding-out Officers. The duties of these officers were

* when directed by The State Children's Relief Board, "to remove any State child from an Asylum and cause him to be boarded-out " until the child reached the age of twelve and (1)

* when directed by the Colonial Secretary "to remove any child from any Reformatory School and cause him to be boarded-out". (2)

Sydney Maxted, formerly Master of the Protestant Orphan School, was appointed as the first Boarding-out Officer and Chief Inspector on 26 May 1881. (3)

Administrative arrangements for the Department changed on 1 August 1888 when the Department of Charitable Institutions was formed bringing together the services of government to the ill and neglected. This new Department had two branches - the State Children's Relief Branch and the Government Asylums which had previously been known as the Government Asylums for the Infirm and Destitute. (4)

On 28 April 1892 the Children's Protection Branch of the Department of Charitable Institutions was established. The Director and his assistant were its Chief Officers. Four personnel from the State Children's Relief Branch (now known as the State Children's Relief Board) and two new officers were to form the establishment of the Children's Protection Branch. The Department of Charitable Institutions controlled five separate asylums - one at Liverpool, one at Newington and three at Parramatta. (5)

An Act to Amend an Act to Establish a System of Boarding-out Children, 1896 ( 60 Vic. Act No.9) authorised the State Children's Relief Board, in the name of its boarding-out officer to prosecute parents who had defaulted in payments for the maintenance of their children who had been found neglected. (6)

By 1897 the Charitable Institutions Department consisted of State Children's Relief personnel as well as the superintendents of government asylums. The two separate branches appear to have dissolved. A total of ten government charitable institutions for neglected children, the elderly and the infirm were also under the direction of The Chief Secretary's Department. (7)

The State Children Relief Act of 1901 (Act No. 61, 1901), which repealed the 1881 Act, gave the Boarding-out officer additional authority to remove any child from a reformatory school and cause him/her to be boarded-out when directed by the Minister. (8) In 1901, the Department of Charitable Institutions ceased and the State Children's Relief Branch was responsible for the care of State children. The Branch conducted the institutions - Ormond House and the Shaftesbury Reformatory and two cottage homes at Mittagong and Parramatta. (9)

The Children's Protection Act of 1902 (Act No. 47, 1902) directed that the boarding-out officer was now to be known as the "Chief Officer - the head of the Department to administer the Act ". (10) The chief officer's duties included

* the collection of moneys from parents wishing to place their children with carers (11)

* transfer such moneys to the carers (12)

* to be informed of any child placed in care by written order of a justice, any changes in abode or relinquishment of custody, or of the death of any child in care. (13)

* to cause an inquest to be held if a child died in care (14)

* to keep a register of people and homes wishing to care for children and to renew registrations annually. Registration could be cancelled at any time by the officer if the arrangements were found to be unsuitable. (15)

* to remove a child to the care of the State Children Relief Department if he or she was mistreated by parent/s or substitute carer (16)

* to inspect premises where children are in substitute care at any time, and to remove any child to a place of safety if he or she was considered to be in unsatisfactory circumstances. A court would subsequently determine appropriate care for the child (17)

* to search for any neglected boy under fourteen years of age or a girl under sixteen, and to enter buildings to remove children. (18)

Under the Infant Protection Act of 1904 (Act No.27, 1904) the Chief Officer was authorised to pursue the father of a child conceived by a single woman, and to initiate court proceedings which could result in the man being ordered to pay his child's expenses. (19) The Act provided for the inspection and reporting upon places applying for the care of two or more children under the age of seven. (20) The chief officer was given authority to appear in a court which dealt with matters to do with infant protection or deserted children. (21)

The Neglected Children and Juvenile Offenders Act of 1905 (Act No.16, 1905) repealed the Reformatory and Industrial

Schools Act of 1901 ( Act No.38, 1901) and established shelters, industrial schools and reformatory schools to be under the control and administration of the Minister and maintained by financial allocation of the parliament (22) and initiated children's courts for hearing cases of child neglect as well as child criminal proceedings. (23)

From 23 October 1905 the State Children's Relief Branch was transferred administratively to the Department of Public Instruction. (24) The Child Welfare Act, 1923 (Act No.21, 1923) dissolved the "powers and authorities" of the State Children's Relief Board and transferred them to the Minister. (25) The name of the Department was altered to the Child Welfare Department on 15 December 1923. (26)

The Child Welfare Act of 1939 (Act No.17, 1939) made provision for the appointment of a Director of the Department. (27) Under subsequent legislation, the department experienced several changes of name. Under the Youth and Community Services Act (Act No. 90, 1973) the Department of Child Welfare and Social Welfare was renamed the Department of Youth and Community Services, effective from 1 February 1974. (28)

In January 1975, the name of the Department was changed to the Department of Youth, Ethnic and Community Affairs. At this time the Department assumed responsibility for all activities (except expenditure) of the New South Wales Immigration Division. (29) Following the election of the 71st Ministry on 14 May 1976 and re-allocation of portfolios, the Department was known again as the Department of Youth and Community Services. (30)

From 25 March 1988 until 6 June 1991 the Department was known as Family and Community Services. It subsequently became the Department of Health and Community Services between 6 June 1991 and 3 July 1992 and from 3 July 1992 had the title of the Department of Community Services. (31)

On 7 April 2003 the Businesslink branch was transferred to the Department of Housing. (32)

  From 1 July 2009 the Department of Community Services was abolished and its functions were transferred to the new Principal Department, the Department of Human Services. (33)

FOOTNOTES

(1) State Children Relief Act of 1881 (44 Vic, Act No.24), s.2.

(2) Ibid., s.3.

(3) NSW Public Service List, 1881, p.38 and p.58.

(4) NSW Public Service List, 1888, pp.35-36.

(5) NSW Public Service List, 1892, p.42-43.

(6) State Children Relief Act, 1896, s.12.

(7) NSW Public Service List, 1897, p.9.

(8) State Children Relief Act of 1901, s.9.

(9) Public Service List, 1901, pp.8-9.

(10) Children's Protection Act of 1902 (Act No. 47, 1902), s.3.

(11) Ibid., s.5(3).

(12) Ibid.

(13) Ibid., s.5(4).

(14) Ibid., s.10.

(15) Ibid., s.11-13.

(16) Ibid., s.13.

(17) Ibid., s.8.

(18) Ibid., s.33.

(19) Ibid., s.4-5.

(20) Ibid., s.27.

(21) Infant Protection Act, 1904, s.32(a).

(22) Neglected Children and Juvenile Offenders Act, 1905, s.6-7.

(23) Ibid., s.9ff.

(24) New South Wales Government Gazette, 24 October 1905, p.7126.

(25) Child Welfare Act, 1923, s.4.

(26) New South Wales Government Gazette, 7 December 1923, p.5696.

(27) Child Welfare Act, 1939 s.5.

(28) Youth and Community Services Act, 1973, s.4, NSW Government Gazette, 18 January 1974 p. 130.

(29) New South Wales Government Gazette, 10 January 1975, pp.158-159.

(30 Department of Youth and Community Services Annual Report, 1976, p.13 in NSW Parliamentary Papers 1976-77-78, vol. 12, p.1267.

(31) The New South Wales Parliamentary Record, Sydney, Government Printer, 1996, pp.297-303.

(32) Public Sector Employment and Management (NSW businesslink) Order 2003 in NSW Government Gazette, 4 April 2003, p.4422.

(33) Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No 352) cls.13; notified on NSW Legislation website, 27 July 2009.

Expanded title:

State Children Relief Dept (1881-1923) Child Welfare Department (1923-1970) Department of Child Welfare and Social Welfare (1970-1973) Department of Youth and Community Services (1973-1975) Department of Youth, Ethnic and Community Affairs (1975-1976) Department of Youth and Community Services (1976-1988) Department of Family and Community Services (1988-1991) Department of Health and Community Services (1991-1992) Department of Community Services (1992-2009)

On 31 March 1855, a memorandum from Governor Sir William Denison to the Executive Council, led to the decision on 4 April 1855 to re-establish the Observatory. (1) The previous Observatory, at Parramatta, had closed down due to the decay of the building and the misconduct of the Government Astronomer. In his recommendation, Denison stated that a new building 'in the immediate vicinity of Sydney' and with 'proper clocks and proper instruments for determining the time' would be very advisable (2). Denison's reasons for the re-establishment of an observatory in Sydney included 'enabling captains of vessels to rate their chronometers...a practical example of the application of science...(for) the trigonometrical survey of the country..(and for) connecting this Colony with the Scientific Societies of Europe and America.' [ibid]. £7000 was allocated by the Government for the establishment of the Observatory in addition to the £176/9/10 which remained unused from the money voted in 1852. (3)

Rev. William Scott was appointed Astronomer, 16 April 1856 (4). On his arrival in Sydney, 31 October 1856, his first duty was to select a site for the new building. He and Governor Denison chose the site on which the Observatory now stands. The building was commenced in May 1857 and was advanced far enough to begin meridian observations in June 1858. The Time Ball Tower was first used 5 June 1858. It was dropped daily and was 'considered to be correct within half a second'. (5)

An Observatory Board was formed in 1858 for the purpose of inspecting the Observatory and receiving the Astronomer's report. (6) It held its first meeting on 2 December 1858 and described the objectives of the Observatory as 'the determination of the geographical position of Sydney, and other points in the Colony; the accurate determination of mean time, for the use of numerous ships which visit our ports; and the taking part, as a nation, in the advancement of astronomical science'. (7)

In 1906, at the Premier's Conference, it was decided that the Commonwealth take over meteorological work, leaving astronomy to the States. As a result, the meteorological section of the Observatory became a Commonwealth agency in 1908. (8)

An Honorary Board of Visitors was appointed by the Minister for Education in January 1916 and held its first meeting on August 16, reconstituting the Observatory Board which lapsed in 1876-77. The main functions of the Board were to inspect the instruments from time to time; to advise the Government on matters of equipment; and to take a general oversight and interest in the institution. (9)

The location of the Observatory had been considered unsatisfactory soon after its establishment. In 1907 the astronomer announced the selection of a new site "on or near the Canablas Mountain in the vicinity of Orange". (10) In July 1925, the astronomer, Cooke, wrote to his minister urging for relocation of the Observatory to Wahroonga as 'it was almost useless to continue at the present site and with the present equipment.' Rather than bear the cost of removal and re-equipment, the Government decided to close the Observatory in October. Only the protests of the Board of Visitors, the Royal Society of New South Wales, the New South Wales Branch of the British Astronomical Association and the University of Sydney prevailed on the Government to allow it to continue - but with heavily reduced staff and program. Only the time ball and a scaled down astrographic program survived. (11)

The decision to dis-establish Sydney Observatory was due to several issues. The transfer of meteorology to the Commonwealth in 1908 removed the Observatory's most high profile public service; electric telegraphy and radio had reduced, and in time, eliminated the need for local navigational and time services; and ambient city light so restricted astronomical observation that the place was becoming more useful as an astronomical educational centre and de facto museum. (12)

The final decision for the closure of the Observatory came about when the Board wrote to the Minister stressing the need for a new location, which resulted in a letter from the Premier, Neville Wran, to the Chairman of the Board of Visitors, Donald Morton, dated 8 June 1982. The letter announced his decision to 'transfer the Observatory to the Museum of Applied Arts and Sciences and discontinue scientific work.'  The Premier explained 'the decision ... has been prompted both by the financial constraints and the limitations of the present site, and by a recognition that modern astronomical research is probably best conducted as part of the work of  the major national and international institutions'. (13)

The Trustees of the Museum of Applied Arts and Sciences accepted responsibility for the Sydney Observatory from July 1982. (14) The scientific work at the Observatory ceased early in April 1983. Plans for the restoration of the fabric of the building and its rare collection of scientific instruments commenced. (15) The Museum of Applied Arts and Sciences Progress review, 1981 - 1982 commented as follows:

" The Observatory project comprises a conjunction of superbly promising conditions: it has a noble 124 year history of research, giving it rare character: it is housed in a highly significant complex of buildings, giving it special aptness as an exercise in historic preservation and regeneration; and it is located close to The Rocks, Sydney's most popular tourist venue, giving it access to an eager audience." (16) The Museum mounted a temporary exhibition of astronomy and timekeeping commencing in June 1983 to mark the new role of the Observatory. (17)

FOOTNOTES

(1) Correspondence relative to the appointment of a Colonial Astronomer in Votes and Proceedings of the Executive Council, 1856 - 57 vol 2 p.139.

(2) ibid.

(3) ibid., p.144.

(4) Returns of the Colony, 1857, p. 290 [4/290].

(5) Astronomer's Report to the Observatory Board, 2 December, 1858 in Votes and Proceedings of the Executive Council, 1858 Vol.1, p.844.

(6) Suggestions for the formation of an Observatory Board in Votes and Proceedings of the Executive Council, 1858 Vol 1, p.841.

(7) Astronomer's Report upon the necessity of [acquiring an] Equatorial Instrument for the Observatory in Votes and Proceedings of the Executive Council, 1858 Vol 1 p.849.

(8) Kerr, J. S., 'Sydney Observatory: a conservation plan for the site and its structures". Sydney, Museum of Applied Arts and Sciences, 1991, p.31.

(9) NSW Department of Education Annual Report for 1916, p.21 in NSW Parliamentary Papers, 1917-1918 Vol 2, p. 223 and Concise Guide 2nd edition.

(10) Annual report of the Minister for Public Instruction, 1907 p. 23 in NSW Parliamentary Papers, Second Session 1908 Vol.1, p. 1157.

(11) op.cit., Kerr. pp.33 - 34.

(12) ibid., p.34.

(13) ibid., pp.35-36.

(14) Concise Guide to the State Archives of New South Wales. 2nd ed. q.v. "Sydney Observatory", p.70.

(15) Museum of Applied Arts and Sciences Progress Review 1981 - 82, p.20.

(16) ibid.

(17) Museum of Applied Arts and Sciences Progress Review, 1983, p.12.

REFERENCES

(1) "Concise Guide", 2nd Edition. "Sur - Y ", "Sydney Observatory " p.70.

(2) Museum of Applied Arts and Sciences, 1982 p.7.

The Protestant Orphan School was formed when the Male Orphan School and the Female Orphan School amalgamated on 30 April, 1850 on the site of the latter institution Arthur's Hill (later Rydalmere).(1)

The School was government-funded. Its Executive-in-Chief was the Matron; the other three officers were a surgeon, clerk and schoolmaster who were appointed by the Governor. The first Matron was Harriett McKenny.(2) On 1 March 1851 she was succeeded by Martha Betts (daughter of Reverend Samuel Marsden). (3) Annie Oakes Pringle followed on 16 March 1875 and remained Matron until the School's closure.(4)

The Protestant Orphan School was one of those inspected by The Royal Commission of Public Charities in 1873-1874. The Commissioners observed that the barrack-type system of care was not in the children's best interests believing that they would benefit from the family environment of approved foster homes.(5)

The State Children Relief Act of 1881 (Act 44 Vic. No. 24, 1881) authorised the method of boarding-out individual destitute children to approved carers - a system begun in 1879 in Sydney by an honorary body, the Boarding-out Society.(6) From 5 April 1881 the State Children's Relief Board began boarding-out suitable children from the various institutions including the Protestant Orphan School.(7)

A total of 182 children had been boarded-out from the Protestant Orphan School when it was closed on 30 September 1886 by the President of the State Children's Relief Board.(8)

FOOTNOTES

(1) "Concise Guide", 2nd edition, Po-Pu, p. 49

(2) Ramsland, J. "Children of the Backlanes", New South Wales University Press, Sydney, 1986, p. 55

(3) Public Service Lists, 1875, p.54

(4) Ibid, 1885, p. 75

(5) Votes and Proceedings of the Legislative Council, 1873-74, v. 6, "The Royal Commission of Public Charities, 2nd Report", pp437-494

(6) Gandevia, B. "Tears Often Shed", Pergamon Press, Sydney, 1979, p. 105

(7) 44 Vic. Act no. 24, 1881

(8) Votes and Proceedings of the Legislative Council, 1887, 2nd session, v. 2, "State Children's Relief Department Report, 5 April, 1887",p. 756, Appendix D

"An Act for the relief of Destitute Children" [30 Victoria, Act No, 2, 1866] - the Industrial Schools Act of 1866- received assent on 12 September, 1866 and came into force on 1 January, 1867.(1) This Act authorised the Governor to proclaim "any ship or vessel or any building or place together with any yards, enclosures grounds or lands attached thereto to be a 'Public Industrial School' ". Any vagrant or destitute child under the age of sixteen could be directed by two Justices of the Peace to attend an Industrial School and to remain the responsibility of the Superintendent until the age of eighteen, unless apprenticed out or discharged. A child could be apprenticed out from twelve years of age but if twelve or over when admitted, was required to attend the School for a year before becoming apprenticed. Each child was to receive instruction in the religion of his family. The Superintendent was authorised to discipline any child who absconded from the School. Males and females were to attend different Institutions. Parents could be required to pay for the upkeep of their child while attending the Industrial School. (2)

On 25 January, 1867 the Colonial Secretary purchased the wooden sailing ship the "Vernon" and at a cost of more than eight and a half thousand pounds it was fitted up as an Industrial School. (3) The ship, moored in Sydney Harbour between the Government Domain and Garden Island was declared a Public Industrial School on 6 May, 1867. (4)

On 10 May, 1867 James Seton Veitch Mein was appointed Commander and Naval Instructor of the "Vernon" (5) and on 17 May, 1867 he was made Superintendent of the "Vernon". (6)

Admissions to the "Vernon" commenced on 20 May, 1867 (7) and by July, 1868 113 boys had been admitted, 14 of whom had been apprenticed out.(8) Boys as young as three were admitted to the Ship. "An Act to amend the Industrial Schools Act of 1866" [34 Victoria, Act No. 4, 1870] was assented to on 17 October, 1870. This Industrial Schools Act Amendment made provision for boys who were younger than seven when sent to an Industrial School to be placed in a Female Industrial School until the age of seven. (9) Subsequently, young boys admitted to the "Vernon" were cared for by the Biloela Public Industrial School for Girls on Cockatoo Island. On 28 February, 1878 there were nine boys at Biloela. (10)

On board the "Vernon", boys received a combination of moral training, nautical and industrial training and instruction, and elementary schooling. The curriculum was well-defined. (11)

From 1 April, 1878 Frederick William Neitenstein was appointed Superintendent of the Vernon, (12) establishing a system which rewarded good behaviour with privileges rather than by administering corporal punishment. (13) In 1878 trades teaching was abolished. (14) In 1880 the teaching of vocal music was introduced and a brass band was established. By 1881 the "Vernon" boys received an education in the same subjects as children received at any other Public School as prescribed by the Department of Public Instruction. (15) The School had its own gymnasium, a spacious recreation ground, an entertainment hall and a recreation hall on land. (16)

From its commencement, the "Vernon" served as both an Industrial School and a Reformatory. [Although legislation was passed in 1866 to authorise the establishment of reformatories no reformatory for boys was established until 1895]

After the passage of the State Children Relief Act, 1881 [44 Victoria, Act No. 24, 1881] the majority of destitute boys were boarded-out rather than being sent to industrial schools and those committed to the "Vernon" were increasingly boys with criminal charges. (17) By 1892 many had been transferred from charitable organisations (18)

Not until 1904 did the school have a sea-going tender, the HMS "Dart"- a steam and sailing schooner. (19) On 5 June 1906 the HMS "Dart" was proclaimed an Industrial School in accordance with provisions of the Neglected Children And Juvenile Offenders Act of 1905. (20)

On 8 November, 1892 the "Vernon" was replaced by the "Sobraon", which was treble the size of its predecessor. During 1893 it had an average number of 263 boys. (21)

The Neglected Children and Juvenile Offenders Act of 1905 [Act No. 16, 1905] came into force on 1 October, 1905. As the probationary system it established was introduced, the number of children committed to industrial schools and reformatories declined. (22)

The numbers of children sent to the "Sobraon" quickly decreased. The enrolment for 1910 was 231, a 5% decrease on the enrolment for the previous year. These boys were discharged to their parents or guardians or apprenticed out and by the end of July, 1911 the remaining of the boys were set to the Mittagong Farm Home for Boys and the Brush Farm Home for Boys. The "Sobraon" was abandoned.(23)

FOOTNOTES

(1) New South Wales Government Gazette, Sydney, Government Printer, 1867 v. 1, p. 1

(2) Industrial Schools Act of 1866, [30 Victoria, Act No. 2, 1866]

(3) Ramsland, J. "Children of the Backlanes", New South Wales University Press, Sydney, 1986, pp. 116-118

(4) New South Wales Government Gazette, op. cit., 1867, v. 1, p. 1165

(5) Ibid, p.1165

(6) Ibid, p. 1207

(7) New South Wales Votes and Proceedings of the Legislative Assembly, 1881 v. 4, p. 995, NSS Vernon , Report for the year ended 30 June 1881

(8) NSW V & PLA 1868-1869, v. 3, p. 845, Report respecting the Nautical School-Ship "Vernon"

(9) Industrial Schools Act Amendment, of 1870 [34 Victoria, Act No. 4, 1870]

(10) NSW V & PLA 1877-1878, v. 2, p. 663 Report of Superintendent of Industrial School for Girls, Biloela for 1877

(11) Ramsland, J op. cit., p. 140

(12) NSW Government Gazette, 1878, v. 2, p. 1733

(13) NSW V& PLA 1881 v. 4, p.995 NSS Vernon, Report for the year ended 30 June 1881

(14) Ibid, 1878-1879 v. 3 p. 951 Report of Inspector of Public Charities, 1879

(15) Ibid, 1881 v. 4, p. 995 NSS Vernon, Report for the year ended 30 June 1881

(16) Ibid, 1883-1884 v. 6, p.747 NSS Vernon Report for the year ended 30 June 1883

(17) Ibid, 1883-1884 v. 6, p. 747 NSS Vernon Report for the year ended 30 June 1883

(18) Ibid , 1892-1893 v. 3, p. 1395 NSS Vernon Report for the year ended 30 April 1892

(19) New South Wales Parliamentary Papers 2nd session 1904 v. 2, p. 984 NSS Sobraon, Report for the year ended 30 April 1904

(20) New South Wales Government Gazette, 1906, v. 2, p. 3289

(21) NSW PP 1893 v. 3, p. 707 NSS Vernon Report for the year ended 30 April 1893.

(22) Official Yearbook of New South Wales 1913 p. 554

(23) NSW PP 1910 v. 1, pp. 44-45 Report of the Minister of Public Instruction for 1910

An Act to establish Juvenile Reformatories [30 Victoria, Act No. 4, 1866] - The Reformatory Schools Act of 1866- was assented to on 12 September, 1866 and came into operation on 15 January, 1869. (1) Under the Act, any child under sixteen convicted of a criminal offence and sentenced to fourteen or more days imprisonment could be sent to a reformatory for one to five years instead of or in addition to the time spent in gaol. There were to be separate reformatories for girls and boys and if possible the parent/s were to pay for the child’s maintenance whilst in the reformatory.(2)

Between 1869 and 1880 the Reformatory shared the same sites as the Industrial School for Females - firstly in Newcastle and then on Cockatoo Island.

On 19 January, 1869 the North Wing and grounds attached to the Public Industrial School for Girls at Newcastle was proclaimed a Reformatory School for Females. (3) On 5 February, 1869 Mrs Agnes King was appointed Matron and Mr J. H. Clarke Superintendent.(4)

On 20 July 1871 the site at Newcastle ceased to be a Reformatory, and a Reformatory School for Females was proclaimed on Cockatoo Island. (5)

On 5 February 1880 the premises on Cockatoo Island ceased to be a Reformatory School and the Shaftesbury Reformatory for Females at Watson's Bay was proclaimed(6) The cottage style premises were intended to house forty to fifty girls. (7) ) Girls were sentenced to the reformatory for periods of one to five years. (8)

The numbers actually housed here were small often numbering fewer than 20. 13 girls were in residence in 1900 when the State Children Relief Board took control of Shaftesbury. The Board then placed 25 female State wards (either invalids or girls who were unsuitable to apprentice as domestic servants) into the home in addition to the girls under sentence.(9)

The Shaftesbury closed in March 1904 and the girls were boarded-out. (10) On 12 April 1904 the Shaftesbury ceased to be a reformatory school and a portion of the Central Depot for the State children at "Ormond House", Paddington was proclaimed a Reformatory School for Females. (11) The girls under sentence were transferred to Ormond House in 1905. (Boyle, B p. 51)

FOOTNOTES

(1)NSW Government Gazette 1869 v. 1 p. 201

(2) An Act to establish Juvenile Reformatories [30 Victoria, Act No. 4, 1866]

(3) NSW Government Gazette 1869 v. 1 p. 201

(4) NSW Government Gazette 1869 v. 1 p. 315

(5) NSW Government Gazette 1871 v. 2 p. 1605

(6) NSW Government Gazette 1880 v. 1 p. 593)

(7) Ramsland, J. "Children of the Backlanes", New South Wales University Press, Sydney, 1986, p. 204

(8) State Children Relief Board Report for the Year ended 5 April 1905 in NSW Parliamentary Papers 1905 v. 2, p. 24

(9) State Children Relief Board Report for the year ended 5 April 1901 in NSW Votes and Proceedings 1901 v. 3 p. 1302

(10) State Children Relief Board Report for the year ended 5 April 1904 in NSW Parliamentary Papers 2nd session 1904 v. 2, p. 14

(11) NSW Government Gazette 1904 v. 2 p. 3013

An Act to establish Juvenile Reformatories [30 Victoria, Act No. 4, 1866] - The Reformatory Schools Act of 1866- was assented to on 12 September, 1866 and came into operation on 15 January, 1869. (1) Under the Act, any child under sixteen convicted of a criminal offence and sentenced to fourteen or more days imprisonment could be sent to a reformatory for one to five years instead of or in addition to the time spent in gaol. There were to be separate reformatories for girls and boys and if possible the parent/s were to pay for the child’s maintenance whilst in the reformatory.(2)

Between 1869 and 1880 the Reformatory shared the same sites as the Industrial School for Females - firstly in Newcastle and then on Cockatoo Island.

On 19 January, 1869 the North Wing and grounds attached to the Public Industrial School for Girls at Newcastle was proclaimed a Reformatory School for Females. (3) On 5 February, 1869 Mrs Agnes King was appointed Matron and Mr J. H. Clarke Superintendent.(4)

On 20 July 1871 the site at Newcastle ceased to be a Reformatory, and a Reformatory School for Females was proclaimed on Cockatoo Island. (5)

On 5 February 1880 the premises on Cockatoo Island ceased to be a Reformatory School and the Shaftesbury Reformatory for Females at Watson's Bay was proclaimed(6) The cottage style premises were intended to house forty to fifty girls. (7) ) Girls were sentenced to the reformatory for periods of one to five years. (8)

The numbers actually housed here were small often numbering fewer than 20. 13 girls were in residence in 1900 when the State Children Relief Board took control of Shaftesbury. The Board then placed 25 female State wards (either invalids or girls who were unsuitable to apprentice as domestic servants) into the home in addition to the girls under sentence.(9)

The Shaftesbury closed in March 1904 and the girls were boarded-out. (10) On 12 April 1904 the Shaftesbury ceased to be a reformatory school and a portion of the Central Depot for the State children at "Ormond House", Paddington was proclaimed a Reformatory School for Females. (11) The girls under sentence were transferred to Ormond House in 1905. (Boyle, B p. 51)

FOOTNOTES

(1)NSW Government Gazette 1869 v. 1 p. 201

(2) An Act to establish Juvenile Reformatories [30 Victoria, Act No. 4, 1866]

(3) NSW Government Gazette 1869 v. 1 p. 201

(4) NSW Government Gazette 1869 v. 1 p. 315

(5) NSW Government Gazette 1871 v. 2 p. 1605

(6) NSW Government Gazette 1880 v. 1 p. 593)

(7) Ramsland, J. "Children of the Backlanes", New South Wales University Press, Sydney, 1986, p. 204

(8) State Children Relief Board Report for the Year ended 5 April 1905 in NSW Parliamentary Papers 1905 v. 2, p. 24

(9) State Children Relief Board Report for the year ended 5 April 1901 in NSW Votes and Proceedings 1901 v. 3 p. 1302

(10) State Children Relief Board Report for the year ended 5 April 1904 in NSW Parliamentary Papers 2nd session 1904 v. 2, p. 14

(11) NSW Government Gazette 1904 v. 2 p. 3013

An Act to establish Juvenile Reformatories [30 Victoria, Act No. 4, 1866] - The Reformatory Schools Act of 1866- was assented to on 12 September, 1866 and came into operation on 15 January, 1869. (1) Under the Act, any child under sixteen convicted of a criminal offence and sentenced to fourteen or more days imprisonment could be sent to a reformatory for one to five years instead of or in addition to the time spent in gaol. There were to be separate reformatories for girls and boys and if possible the parent/s were to pay for the child’s maintenance whilst in the reformatory.(2)

Between 1869 and 1880 the Reformatory shared the same sites as the Industrial School for Females - firstly in Newcastle and then on Cockatoo Island.

On 19 January, 1869 the North Wing and grounds attached to the Public Industrial School for Girls at Newcastle was proclaimed a Reformatory School for Females. (3) On 5 February, 1869 Mrs Agnes King was appointed Matron and Mr J. H. Clarke Superintendent.(4)

On 20 July 1871 the site at Newcastle ceased to be a Reformatory, and a Reformatory School for Females was proclaimed on Cockatoo Island. (5)

On 5 February 1880 the premises on Cockatoo Island ceased to be a Reformatory School and the Shaftesbury Reformatory for Females at Watson's Bay was proclaimed(6) The cottage style premises were intended to house forty to fifty girls. (7) ) Girls were sentenced to the reformatory for periods of one to five years. (8)

The numbers actually housed here were small often numbering fewer than 20. 13 girls were in residence in 1900 when the State Children Relief Board took control of Shaftesbury. The Board then placed 25 female State wards (either invalids or girls who were unsuitable to apprentice as domestic servants) into the home in addition to the girls under sentence.(9)

The Shaftesbury closed in March 1904 and the girls were boarded-out. (10) On 12 April 1904 the Shaftesbury ceased to be a reformatory school and a portion of the Central Depot for the State children at "Ormond House", Paddington was proclaimed a Reformatory School for Females. (11) The girls under sentence were transferred to Ormond House in 1905. (Boyle, B p. 51)

FOOTNOTES

(1)NSW Government Gazette 1869 v. 1 p. 201

(2) An Act to establish Juvenile Reformatories [30 Victoria, Act No. 4, 1866]

(3) NSW Government Gazette 1869 v. 1 p. 201

(4) NSW Government Gazette 1869 v. 1 p. 315

(5) NSW Government Gazette 1871 v. 2 p. 1605

(6) NSW Government Gazette 1880 v. 1 p. 593)

(7) Ramsland, J. "Children of the Backlanes", New South Wales University Press, Sydney, 1986, p. 204

(8) State Children Relief Board Report for the Year ended 5 April 1905 in NSW Parliamentary Papers 1905 v. 2, p. 24

(9) State Children Relief Board Report for the year ended 5 April 1901 in NSW Votes and Proceedings 1901 v. 3 p. 1302

(10) State Children Relief Board Report for the year ended 5 April 1904 in NSW Parliamentary Papers 2nd session 1904 v. 2, p. 14

(11) NSW Government Gazette 1904 v. 2 p. 3013

A Board for the Protection of Aborigines (BPA) was established by a minute of the Executive Council dated 2 June 1883. The Board comprised of six members appointed by the Governor, with the Inspector General of Police as chairman. Weekly meetings were held at which recommendations concerning the general protection of the State's Aboriginal population were considered.

Regulations for the Management of Aboriginal Stations at Cumeroogunga, Warangesda and Brewarrina were drafted by the BPA, approved by the Colonial Secretary and issued on 1 February 1895. These provided for the establishment of a Local Board for each Home. The Local Boards that were appointed by the BPA, consisted of up to five members including the district Superintendent of Police. The duties of the Boards were:

to inspect the station at least monthly and report to the BPA making any necessary suggestions;

inquire into any complaint about the management of the station;

advise the manager regarding discipline, work to be carried out and other matters related to the management of the station;

forward to the BPA reports or suggestions regarding the management with recommendations; and

countersign requisitions for stores and other expenditure other that items identified for free distribution to Aboriginal people. (1)

Gradually Local Boards with a similar role were established at the various Aboriginal Stations.

This BPA functioned, without any statutory power, until the passage of the Aborigines Protection Act, 1909 (Act No. 25, 1909). For most of this period the Chairman of the Board was the Inspector General of Police - other members were Members of the Legislative Council and private citizens. The Board's principal expenditure was for rations, clothing and huts for the accommodation of Aborigines.

The BPA was reconstituted by the Aborigines Protection Act, 1909, which took effect on 1 June 1910,(2). The Inspector General of Police was ex officio Chairman and up to ten other members were appointed by the Governor. The purpose of the BPA was , "to exercise a general supervision and care over all matters affecting the interest and welfare of Aborigines, and to protect them against injustice, imposition and fraud".

The Board could appoint Local Committees or guardians of Aborigines for the individual stations or reserves. The Committees consisted of between three and seven members. Guardians were usually appointed where a Local Committee could not be formed. The Guardian had the same responsibilities as a Committee. The functions of local committees were:

to meet monthly at the station, reserve or other appropriate place to transact business;

inspect the station or reserve at least quarterly and report to the Board;

inquire into complaints;

deal with correspondence and reports;

make recommendations relating to the operations of the station or reserve;

through the manager maintain discipline and good order on the station or reserve;

approve new residents of the reserve and allot houses and land on the reserve;

appoint the manager or one of their number to institute proceedings under the Aborigines Protection Act, 1909 (3)

In 1912 Miss A Lowe was appointed as the first ‘Home-Finder’. Her duties were to visit the various stations, homes and reserves and explain to parents the advantages of apprenticing their children and allowing them to be trained at the Cootamundra Home. She also visited the girls in domestic service to ensure that they were paid for their services and received food and clothing. The Home Finder made arrangements for the accommodation of those who were unsuitable for domestic service by returning them to their stations or homes or placing them in government-conducted or charitable institutions. (4)

The Aborigines Protection Amending Act, 1915 (Act No.2, 1915) , gave the BPA the power to assume control and custody of Aboriginal children if it believed this action to be in the moral or physical interest of the child, and to remove the child to "such care and control as it thinks best". The parents of the removed children had the right of appeal under the under the Neglected Child and Juvenile Offenders Act, (Act No 16, 1905) (5)

In October 1915 the BPA with the approval of the Minister appointed two Inspectors of Aborigines. (6) The Chairman reported: "These appointments have supplied a long felt want, as the Board will now be able to deal with the Aborigines in a uniform manner throughout the State, seeing that they will have practically first hand knowledge of numbers of places which have never before been visited by a representative of the Board." The appointment of the Inspectors dispensed with the need for the Local Committees and Guardians although the Board did not abolish the Committees immediately. (7) At the end of 1915 there were 23 local committees and a Guardian for Aborigines at Lake Wallaga Station. (8)

The Aborigines Protection (Amendment) Act, 1918 (Act No 7, 1918) authorised the Board to deal with any full-blooded or part Aboriginal person not limited to those who were in receipt of government assistance. The Act also made it an offence to supply alcohol to any full blooded or part Aboriginal person.

The designation of the Chairman was altered from the Insoector-General of Police to the Commissioner of Police by the Police Regulation (Amendment) Act, 1935 (Act No 13, 1935)

The Aborigines Protection (Amendment) Act, 1936 (Act No. 32, 1936) increased the powers of the Board for the Protection of Aborigines including:

The Board could authorise the removal of an Aboriginal person to a reserve or property under its control on the recommendation of a magistrate if the person was found to be living in ‘insanitary or undesirable conditions’; or if the person was not a permanent resident of New South Wales he or she could be returned to his own state.(9) It was an offence under the Act to remove an Aboriginal person from a reserve without lawful authority or to remove an Aboriginal person from New South Wales without the Board’s consent. (10)

The Board could also investigate when it believed that an Aboriginal person was not receiving fair and proper treatment; being paid an adequate wage; or that his moral and physical wellbeing was jeopardised by an employer or other co-habitant. If substantiated the Aboriginal person could be taken to a home, reserve or other place. (11)

The Board could also direct that the wages due to an Aboriginal person be paid to the Secerary of the Board or other officer. (12)

The Board could also authorise medical examinations and treatment of Aboriginal people by an approved medical practitioner. (13)

The statement in the averment (or allegation) that a person who was the subject of any dispute under this Act was Aboriginal was sufficient proof of Aboriginality unless queried by the Court or tribunal. When there was doubt, the Court or tribunal could determine whether the person was Aboriginal based upon his or her appearance. (14)

A Parliamentary Select Committee was established late in 1937 to investigate the administation of Aboriginal people. The Committee criticised the administration by the Board and the inadequacy of its budget to achieve its task. The Select Committee terminated without reporting, but requested the Public Service Board to make a full investigation of the work of the Aborigines Protection Board and to make recommendations for future administration. The Board made an exhaustive survey that included visiting most Aboriginal homes and Stations throughout New South Wales. Its recommendations included the following:

Developing a policy of assimilation of Aboriginal people into the social and economic life, particularly through education and training; with a view to eventually removing them from the reserves, stations and homes;

Amendment of the Aborigines Protection Act, 1909- to enable the reconstitution of the Aborigines Protection Board to include representatives from the Departments of The Chief Secretary, Health, Public Instruction and Police in addition to experts in Agriculture, sociology and anthropology, and a Superintendent who would be the chief executive officer and an executive member of the Board;

The new agency should maximise its use of the expertise of other Government agencies in order to achieve its goals;

Local Committees of ‘public spirited citizens’ should be formed to assist in areas such as education, recreation and social work

No new stations should be established prior to a survey of the suitability of existing ones;

Aboriginal children should be encouraged to attend ordinary schools;

Reorganisation of the station staff to include separation of the roles of managers and teachers ideally with fully qualified teachers on the larger stations;

Developing agricultural production on the Aboriginal stations to enhance the diet of the population and to enable them to acquire rural skills;

Development of a planned building program of the stations to improve the standard of housing;

Oversight of Aboriginal people outside stations and reserves should be maintained, and where necessary the powers of the Board as prescribed in the various legislation should be exercised. (15)

Mr A.W.G. Lipscombe was appointed Superintendent of Aborigines’ Welfare in February 1939. Mr Lipscombe possessed qualifications in agriculture and teaching and had experience in both agriculture and social work. Soon after his appointment he visited each Aboriginal Home and station making recommendations for future management. (16)

The recommendations of the Public Service Board report were profound and affected the structure, role and functions of the Board and, when the necessary legislation was passed, resulted in the creation of a new agency. The Board for the Protection of Aborigines was dissolved and the Aborigines Welfare Board was constituted under the Aborigines Protection (Amendment ) Act, 1940 (Act No. 12, 1940) The Act was assented to 22 May 1940 (17) and commenced on 14 June 1940 (18)

Endnotes:

(1) Report of the Board for Protection of Aborigines, 1895 Appendix J p. 11

(2) New South Wales Government Gazette No.72, 11 May 1910, Vol.2, p.2486

(3) Regulations in accordance with the provisions of the Aborigines Protection Act, 1909. Local Committees. s. 7 - 11 in NSW Government Gazette 8 June 1910 p. 3061

(4) Report of the Board for the Protection of Aborigines 1912 p.4

(5) Aborigines Protection Amending Act No.2, 1915, s.4

(6) NSW Government Gazette 6 October 1915 p. 5840

(7) Report of the Board for the Protection of Aborigines 1915 p. 1

(8) Ibid p. 9- 10

(9) Aborigines Protection (Amentment Act, 1936) s. 8A

(10) Ibid. s. 8B, 8C

(11) Ibid. s.13B

(12) Ibid. s. 13C

(13) Ibid. s. 14A

(14) Ibid. s. 18

(15) Aborigines Protection : Report of the Public Service Board, 16 August, 1938 p. 30- 35 in NSW Parliamentary Papers 1938-39-40 Vol 7 p. 768 -773

(16) Aborigines Protection Board, Report for the year ended 30 June 1939 p. 1

(17) New South Wales Government Gazette No.79, 24 May, 1940, Vol.2 p.2525

(18) New South Wales Government Gazette No.88, 14 June 1940, Vol.2, p.2335

The Aborigines Welfare Board (AWB) was constituted under the Aborigines Protection (Amendment) Act, 1940 (Act No. 12, 1940), which also dissolved the Board for the Protection of Aborigines (BPA). The Chief Executive was the Superintendent of Aborigines Welfare of the Board for Protection. Mr A.W.G. Lipscomb who had been appointed to this position in February 1939, when it was situated in the BPA, was confirmed in the position on 31 May 1940. (1) The Aborigines Protection (Amendment) Act 1940 commenced and the first Board members were appointed on 14 June 1940. (2)

The new Board was comprised as recommended by the Public Service Board’s investigation in 1938. The Under Secretary of the Colonial Secretary's Department was appointed chairman and provision was made for ten other members appointed by the Governor. The members of the Board were as follows:

The Superintendent of Aborigines Welfare (ex officio);

An officer of the Department of Education;

An officer of the Department of Public Health;

A member of the police force belonging to the rank Inspector or higher;

An expert in agriculture;

An expert in sociology and/or anthropology; and

Three other persons appointed by the Minister. (3)

The Board was annually to elect one of its members as Chairman and could determine its own procedures. Four members constituted a quorum. (4) The Governor could appoint a Superintendent of Aborigines Welfare and other necessary employees, (5) and the Board could appoint committees with functions it prescribed. (6)

The duties of the Board were as follows:

To apportion, distribute and apply moneys voted by Parliament and other funds in its possession for the relief or benefit of Aboriginal people; or to assist them in obtaining employment; to maintain them whilst employed or otherwise to assist them to become assimilated into the general life of the community;

To distribute blankets, clothing, and relief to Aboriginal people;

To provide for the custody and maintenance of Aboriginal children;

To manage and regulate the use of reserves;

To exercise a general supervision and care over all Aboriginal people and over all matters affecting their interests and welfare, and to protect them against injustice, imposition and fraud;

To arrange for the inspection at regular intervals of each station and training school under the control of the Board, by the Superintendent of Aborigines Welfare and one or more members of the Board, or by one or more of such other members. (7)

The Board could

establish and name homes for the reception, maintenance, education and training of wards (children admitted to the control of the Board); (8)

indenture wards to apprenticeship or suitable employment. Part of the earnings would pass to the child the balance was forwarded to the Board on behalf of the ward; (9)

bring action against any employer who defaulted on payments due to a ward or who did not comply with the conditions of the indenture of apprenticeship; (10) and anyone who mistreated a ward or assisted a ward to abscond. (11)

Responsibility for the education of Aboriginal children, previously a responsibility of the Board for the Protection of Aborigines, was transferred to the Department of Education. (12)

In its first year of operation the Aboriginal Welfare Board administered 19 stations with a total of 3068 residents and fifty reserves with a combined population of 2124. (13) The Board was also responsible for the Cootamundra Girls’ Training Home, the Kinchela Boys’ Training Home and the Bomaderry Children’s Home for babies and younger children. (14)

Action was taken on several of the recommendations of the Public Service Board inquiry that had reported in August 1938. These included

Development of the agricultural potential of the various Aboriginal stations. The Board sought advice from the Department of Agriculture concerning appropriate land use in addition to encouraging the establishment of individual gardens at the private homes on the Stations (15) and

Separation of the roles of station manager and teacher although lack of staff and the remoteness of some stations created challenges for this task, and the last station was not separated until 1956. (16)

New recordkeeping systems were introduced to the agency particularly in regard to the stations. These included station registers that recorded the particulars of residents; card record systems of all plant and buildings (including new works) on Aboriginal stations; medical history; and employment records. (17) With assistance from the Government Architect’s Branch the plans and specifications for the buildings on the stations and reserves were improved. (18)

The Board was reconstituted by the Aborigines Protection (Amendment) Act, 1943 (Act No.13, 1943). The Board was now to comprise eleven members, two of whom were Aboriginal people at least one of whom was full blooded. (19) The Act also increased the functions of the Board by authorising it to acquire land for the purposes of sale, lease or transfer, to erect buildings on the land, and sell or lease the land and any buildings on it to any Aboriginal person according to covenants or conditions that the Board determined. (20) The amendments also authorised the Board to issue certificates of exemption from the Aborigines Protection Act, 1909, to selected Aboriginal people, conferring rights of full citizenship on a conditional basis. (21) In addition, the Act enabled the Board to organise for Aboriginal children to be boarded out to approved foster parents as an alternative to placing the children in one of the homes controlled by the Board. (22)

Implementation of the provisions of this amending legislation was slow. Finance delayed the acquisition of land for lease or sale. The regulations relating to Exemptions from the Act and Boarding out of children were not promulgated until 21 April 1944 (23); and owing to determining procedures for, and conducting an election for the Aboriginal representatives on the Board the Act did not commence until 5 July 1945. (24) Exemption certificates were being issued by 1946 when 38 were granted from 47 applications, and Boarding out to private homes both on Aboriginal Stations or Reserves or in independent private homes. (25)

In the financial year 1947/48 the Board resolved to appoint welfare officers to assist and guide Aboriginal people, encourage participation in local and sporting events and work in co-operation with health and other community workers. For this purpose the State was divided into eight areas each of which would eventually be staffed by a welfare officer. The first welfare officer was based in Casino to serve the North Coast District. (26) Welfare officers assisted Aboriginal people to find employment; and attended court hearings with them. They visited Aboriginal Stations and Reserves and Aboriginal families living independently within their areas. (27) A female Welfare Inspector was appointed by 1950 working specifically with the problems associated with women, children and adolescent girls. (28)

By 1948 the Board commenced a program of higher quality housing on Stations and Reserves. The planned houses were to be “well constructed four or five roomed cottages, provided with a cooking stove, bathroom and laundry and with a good water supply. Projects in various stages of progress were reported at Murrin Bridge (Lake Cargelligo), Taree, Moree, Quirindi, Cabbage Tree Island (Wardell), La Perouse and Tabulum. (29) Meantime the plan to assist Aboriginal people to purchase their own homes was beset by difficulties including availability of suitable land and the high cost of construction. (30) By 1950 the Board had developed plans to establish Aboriginal housing in several towns including Cowra, Yass, Coonabarabran and Nambucca Heads. It was believed that this would give the residents improved access to medical, educational, social and employment facilities and enable them to mix with the wider community. (31) A significant move was the closure of the Roseby Park Aboriginal Station and the settlement of the families into Nowra and other South Coast Towns. (32) The Board authorised or conducted investigations into situations of prejudice and complaints about the Aboriginal community. (33)

The Board published the monthly magazine ‘Dawn’ for the Aboriginal people of New South Wales from about 1951. This contained a mixture of articles about the role, function and policies of the board, achievements of aboriginal people and other articles of general interest to readers.

From 1954 the Board made funds available for Aboriginal persons to purchase their own homes. The applicant was required to own a suitable block of land or to make a deposit of £50. The government could lend up to the full cost of purchase at an interest rate of 2½%. From the commencement of the scheme until June 1962, 26 loans for a total of £40,545 had been granted and an additional five loans had been approved and were being processed. (34)

The purpose of the Aborigines Protection (Amendment) Act, 1963 (Act No.7, 1963), was to remove certain restrictions upon Aboriginal people imposed by the Aborigines Protection Act, 1909-43. Following the passage of this amending legislation Aboriginal people could no longer be moved to reserves via the legal system if found living in undesirable conditions; it was no longer an offence to entice an Aboriginal person to leave a reserve or to leave New South Wales; the restriction on the supply of alcohol to an Aboriginal person was removed; the offence of ‘wandering or lodging’ with an Aboriginal person was likewise removed; Aboriginal people could no longer be prevented from camping near a town; the Board ceased to have a role in intervention of discrimination in employment or to authorise the medical examination and treatment of Aboriginal People.

On 27 May 1967 a Federal referendum affirmed the removal of two references in the Australian Constitution that discriminated against Aboriginal people. The referendum transferred the responsibility for legislation relating to Aboriginal people to the Commonwealth, and authorised their inclusion in the Australian census.

In 1966 the Public Service Board authorised the reorganisation of field staff including the reclassification of Station Managers to become Welfare Officers. The Welfare Officers were responsible for all of the Aboriginal people in their district, not restricted to those resident on the stations or reserves. (35) The Board continued to be responsible for the erection of buildings, the number of residents, and health issues. By mid 1967 the Managers at 11 reserves were translated to Welfare Officers. The State was divided into 10 welfare areas and there were 10 Female Welfare Officers. (36)

In 1967 the AWB considered amending the Aborigines Protection Act to allow unrestricted access to Aboriginal Stations and Reserves. (37)

In its Annual Report for the year ended 30 June 1968, the Board noted that many advances had been made in Aboriginal affairs, particularly during the previous decade: "All discriminatory legislation has been removed from statutes; funds have been provided to rehouse hundreds of adversely accommodated families; Aborigines have been encouraged to become independent of Government and welfare agency assistance; progress has been such on Stations and Reserves that it has been possible in most centres to remove management; a home loan scheme to enable Aborigines to acquire homes of their own choice has been implemented ... In all of these developments the Board has played a significant role and its officers have done more for the welfare of the Aboriginal people than any other group in the community". (38)

The Board held its final meeting on 29 April 1969 and was dissolved on 2 June 1969. (39)

The Aborigines Act, 1969 (Act No.7, 1969) which received assent on 20 March 1969 (40) replaced the AWB by the Aborigines Welfare Directorate, within the Department of Child Welfare and Social Welfare. The Act also constituted Aboriginal Advisory Council of ten members, all of whom were Aboriginal people, except the Director of Aboriginal Welfare, and six members elected by the Aboriginal residents of the State. (41)

Endnotes

(1) New South Wales Government Gazette No.84, 31 May, 1940, p.2441.

(2) New South Wales Government Gazette No.88, 14 June 1940, p.2524.

(3) Aborigines Protection (Amendment) Act, 1940 s. 2 (4) (1) – (2).

(4) Ibid. s. 2(4) (6).

(5) Ibid. s. 2 -5 (1).

(6) Ibid. s. 2 – 6.

(7) Ibid. s. 7.

(8) Ibid. s.11.

(9) Ibid. s.11A.

(10) Ibid. s.11C.

(11) Ibid. s.13.

(12) Ibid. new section 7(c).

(13) Aborigines Welfare Board report for the year ended 30 June 1940 p.5 (Appendices A and B).

(14) Ibid., p.3.

(15) Aborigines Welfare Board report for the year ended 30 June 1941, pp.5, 6-7.

(16) Ibid., p.2.

(17) Ibid., p.5.

(18) Ibid., p.2.

(19) Aborigines Protection (Amendment) Act, 1943 new section 4 (b) (ii) (viii).

(20) Ibid Addition to section 7.

(21) Ibid new section 18C.

(22) Ibid. new section 11E – G.

(23) NSW Government Gazette No. 37, 21 April 1944, pp.697-702.

(24) New South Wales Government Gazette No.68, 5 July 1945, p.1165.

(25) Aborigines Welfare Board annual report for the year ended 30 June 1946, p. 3.

(26) Aborigines Welfare Board annual report for the year ended 30 June 1948, p.4.

(27) Aborigines Welfare Board annual report for the year ended 30 June 1949, p.4.

(28) Aborigines Welfare Board annual report for the year ended 30 June 1950, p.7.

(29) Aborigines Welfare Board annual report for the year ended 30 June 1948, p.5.

(30) Ibid., p.4.

(31) Aborigines Welfare Board annual report for the year ended 30 June 1950, p.6.

(32) Loc. cit.

(33) Ibid., p.7.

(34) Aborigines Welfare Board annual report for the year ended 30 June 1962, p.6.

(35) Aborigines Welfare Board annual report for the year ended 30 June 1966, p.4.

(36) Aborigines Welfare Board annual report for the year ended 30 June 1967, p.4.

(37) Ibid.

(38) Annual Report of the Aborigines Welfare Board, 1968, pp.14-15.

(39) New South Wales Government Gazette No.63, 30 May 1969, p.1947.

(40) New South Wales Government Gazette No.39, 28 March 1969, p.1198.

(41) Report of the Minister for Social Welfare on the working of the Aborigines Act, 1969, for the year ended 30 June 1970, p.1.

The Botanic Gardens was founded by Governor Macquarie on 13 June 1816 as part of the Governor’s Domain. Governor Macquarie also established the position of Superintendent of the Botanic Garden. Charles Fraser undertook the supervision of the Botanic Gardens on 1 June 1816. His exact appointment as the Colonial Botanist is not known as he is mentioned under a variety of titles throughout his career - Botanical Collector or Government Collector, Botanical Soldier, Superintendent, and finally Colonial Botanist (2).

On the strong recommendation of Robert Brown, Keeper of the Botanical Department of the British Museum, Richard Cunningham was appointed Colonial Botanist in 1832. After arriving in Sydney in January 1833 Cunningham made a series of visits to the colony’s outlying districts to collect seeds and plants for cultivation and remodelled the Botanic Gardens. Cunningham’s tenure ended with his death on Thomas Mitchell’s second expedition in 1835 (3).

In 1836 the Herald reported that the "Cabbage, or as it is nicknamed, ‘Botanic’ Garden, has been placed under the superintendence of Commissioners the Commissioners seem to permit the old game to be still carried on ; and a Botanical garden which costs the Colony £1000 per annum, is in reality little else than a fruit and vegetable garden for the use of Sir Richard Bourke, and of His Excellency’s toad-eaters!" (4).

By 1847 the Botanic Gardens appeared under the Colonial Administration’s category of Miscellaneous Establishments with the Governor replacing the Garden's Superintendent James Kidd with John Carne Bidwell as Director on 1 September 1847 (5). Charles Moore succeeded Mr Bidwell on 1 February 1848. Mr Bidwell was subsequently appointed Commissioner of Crown Lands Wide Bay from 7 November 1848 (6).

In 1862, Sydney’s first zoo was opened within the Gardens and remained there until 1883 when most of it was transferred to Moore Park. The Kitchen (or Cabbage Patch) Garden attached to Government House was returned to the Gardens in 1871. It was initially used as a nursery to grow "greenstuff" for the animals and birds in the zoo (7).

In 1879 a substantial area of the Domain was taken to build the Garden Exhibition Palace for the Sydney International Exhibition of 1879-80. After the Garden Palace was destroyed by fire in 1882, the land area known as the Palace Grounds was added to the Gardens.

Areas administered by the Botanic Gardens have changed over time, from 1860 to 1865 Hyde Park is listed with the Botanic Gardens and Government Domains. Work at the Nursery Garden at Campbelltown, later becoming the State Nursery, commenced in 1895 and closed in March 1932. In 1905 the "Gardens" included the State Governor’s country residence Hill View, the Admiral’s residence Wotonga, the State Government House Cranbook (Rose Bay), the State Nursery (Campbelltown), the Garden Palace Grounds, the Government Domains, and Centennial Park(8).

The Garden’s supervision of Centennial Park lasted from its establishment in 1888 to 1982 when an independent management unit was created for the Park within the Premier’s Department. Under the Park’s enabling legislation - the Centenary Celebration Act, 1887 (51 Vic. Act No. 9 ) - the Director of the Botanic Gardens reported to the Chief Minister (later the Premier)(9).

In 1959 the Gardens were designated by royal authority as the Royal Botanic Gardens, Sydney

In 1972 the Brunet family who had operated a cut flower farm on Mount Tomah presented their land to the Botanic Gardens. For the next eleven years development was slow but a major injection from both State and Commonwealth led to the opening of an 28 hectare Garden in 1987. The Garden emphasises cool-climate plants from around the world, especially those from the southern hemisphere.

Mount Annan Botanic Garden has been developed as the Trust’s native plant garden. The 400 hectare site was acquired in 1984, the first plantings were made in 1985 and construction started the next year. The Garden was opened in 1988.

The National Herbarium of New South Wales is a major centre for taxonomic research on Australian plants. The extensive collections of almost one million specimens provide reference materials for study of Australian flora, its relationships and its classification. This part of the Gardens owes its existence to the efforts of J. H. Maiden, Director of the Gardens from 1896 to 1924. Maiden salvaged plant specimens from inadequate storage within the Garden, and re-established links with overseas botanical institutions thereby gaining hundreds of plant specimens which had left the country in the last century.

As a result of the Depression in 1933 the position of Director of the Botanical Gardens was lost with devolution of responsibilities to the Curators of the Botanical Gardens and Centennial Park, and the Herbarium (10). Further changes occurred in 1946 within the Department of Agriculture with the transfer of the National Herbarium to the Botany Section of the Division of Science Services. Management of the Science Services Division and the curatorial duties for both the Herbarium and the Gardens were undertaken by the Chief Botanist. The Botanic Gardens, Outer Domains, and Centennial Park were placed in the Botanical and Allied Activities Division under the control of a Superintendent (11). In March 1968 the National Herbarium returned to the Royal Botanic Gardens (12).

Government management of policy issues concerning the Gardens was carried out through the membership of the Royal Botanic Gardens and Domain Trust. During the period from 1916 to 1978 the Trustees were selected from a grouping of Parliamentarians and public servants - the Premier, The President or Speaker of the House, the Minister for Agriculture, the Permanent Heads of the Agriculture and Premiers Departments, the Director of the Gardens, and the Judiciary (13).

The Royal Botanic Gardens and Domain Trust was constituted as a corporation by the Royal Botanic Gardens and Domain Trust Act, 1980 (Act No. 19, 1980) which received assent on 12 April 1980 and commenced on 1 July, 1980)

·

FOOTNOTES

(1) J. H. Maiden, ‘History of the Sydney Botanic Gardens’, Journal of the Royal Australian Historical Society, Vol. XIV, 1928, Part I, pp. 11-13.

(2) Walter W Froggart, ‘The Curators and Botanists of the Botanic Gardens, Sydney’, Journal of the Royal Australian Historical Society, Vol. XVIII, 1932, Part III, pp. 103-104.

(3) William C. Foster, Sir Thomas Livingston Mitchell and his World 1792-1855,The Institution of Surveyors New South Wales Inc., Sydney, 1985, p. 238.

(4) The Herald, Thursday 15 September 1836.

(5) Returns of the Colony of New South Wales 1847, pp. 246-247.

(6) Returns of the Colony of New South Wales 1848, pp. 250-251

(7) Report by the Director of the Botanic Gardens to the Under-Secretary for Lands, 24 May 1871 in Votes and Proceedings of the Legislative Assembly of New South Wales 1870-71, Vol. 4, p.972.

(8) NSW Blue Book 1905 pp. 16-18.

(9) The Chief Minister is defined as the member of the Executive Council for the time being commissioned to form an Administration, Centenary Celebration Act 1887, s.1.

(10) New South Wales Public Service List 1933, Government Printer, Sydney, p.119.

(11) New South Wales Public Service Lists 1946 to 1960.

(12) Department of Agriculture Annual Report for the year ended 30 June 1968, p.123.

(13) Royal Botanic Gardens Appointment of Trustees, File T1298(1 December 1930 to 18 October 1978), held at Government Records Repository, Kingswood, Shelf Location 17/8617.

REFERENCES

Anderson, Robert Henry, An ABC of the Royal Botanic Gardens, Sydney, Sydney 1965.

Gilbert, Lionel Arthur, The Royal Botanic Gardens, Sydney: A History 1816 - 1985, Oxford University Press, Melbourne, 1986.

Maiden, Joseph Henry, ‘History of the Sydney Botanic Gardens’, Journal of the Royal Australian Historical Society, Vol. XIV, 1928, Part I, and Vol. XVII, parts 2 and 3.

The State Trawling Industry was proclaimed as an Industrial Undertaking on 1 July 1915 (1). The purpose of the agency was to develop the state’s deep sea fisheries and provide regular supplies of fairly priced fish to consumers. Through the Special Deposits (Industrial Undertakings) Act, 1912 (2) accounts were opened by the Treasury to cover the enterprise’s capital and trading costs. This act was subsequently amended by Special Deposits (Industrial Undertakings) Act, 1916 (Act No. 77, 1916) (3) which specified that a Reserve Account could be opened (with ministerial approval) in the name of the enterprise for use by the Manager in meeting the costs of renewals, replacements, accidents, and other liabilities properly incurred.

The State Trawlers Industry attempted to create a vertically integrated operation of -

Co-ordination - from a head office in Macquarie Street and a central depot at Woolloomooloo.

Harvesting - via trawlers, and receiving stations on the north and south coast.

Production - fish cooking or smoking, and canning, plus ice manufacturing.

Recycling - a fish offal plant.

Transport - cars and lorries fitted with special chambers.

Distribution - through city and country retail depots.

As an adjunct to its fishing activities the State Trawling Industry also established a meat depot and purchased rabbit carcasses for onsale to the public. In connection with State Trawling the new industry of net-braiding was established. The net-braiders (six women) were employed to make trawl nets for the State fishing vessels using locally produced pure Manila twine (4).

The State Trawling Industry operated from 1 July 1915, to 28 February 1923. During that period the Auditor General reported that it had amassed a capital liability, with sundry adjustments, of £ 220,463 10 shillings and eleven pence (5)

The Public Service Board in 1922 also pointed to the Industry’s inadequacies in terms of its cold storage facilities, pricing policies, trawlers, and wharf areas (6).

In contrast to the criticisms of the Auditor-General and Public Service Board, George Mason Allard, the Royal Commissioner inquiring into the Public Service, held a sympathetic view of the Trawling Industry’s actions. He regarded the primary role of the undertaking to be the development of "one of the State’s great natural resources, and incidentally, to supply cheap fish as a common article of food to the people.." (7). No balance sheet judgement of the Trawling Industry could be made while it was going through the embryonic stages of "establishment, experimentation, and progressive education"(8).

In 1922 there were 20 State Trawling Industry Retail Deports in Sydney and suburbs and some major country towns . (9) Coastal Receiving Depots were situated at Maclean (Clarence River); Newcastle; Pindimar (Port Stephens); Wandandian (South Coast); and Eden.

The State Trawling Industry ceased business operations on 28 February 1923. The Chief Secretary’s Department reported that the Government decided, on 28 February 1923, on the recommendation of the Minister in Charge, (Charles William Oakes - Chief Secretary and Minister for Public Health) to close down the Trawling Industry and realise upon the assets.(10) .The winding up of the business and resulting assets disposal returned a loss of £ 309,522 pounds (11). By August 1923 four trawlers had been sold. (12).

FOOTNOTES

(1) New South Wales Government Gazette, Vol. 3, 7 July 1915, p. 3906.

(2) Assented to 12 November 1912, New South Wales Government Gazette, Vol. 4, 20 November 1912, p. 6864.

(3) Assented to 12 December 1916, New South Wales Government Gazette, Vol. 4, 29 December 1916, p. 7819.

(4) Official Year Book of New South Wales, 1916, Sydney, Government Printer, 1917, p. 976.

(5) Report of the Auditor-General on the State Industrial Holdings for the year ended 30 June 1923, Parliamentary Papers, Vol. 3, 1923, p. 1011.

(6) Report of the Auditor-General on the State Industrial Holdings for the year ended 30 June 1922, Parliamentary Papers, Vol. 3, 1922, p. 723.

(7) Report of the Public Service Board on the Investigation into the working of the State Trawling Industry, Parliamentary Papers, Vol. 3, 1922, p. 770.

(8) Fourth Sectional Report of the Royal Commission to inquire into the Public Service of New South Wales upon the State Trawling Industry, Parliamentary Papers, Vol. 1, 1920, p. 362.

(9) Ibid. p. 361.

(10) Report of the Public Service Board on the Investigation into the working of the State Trawling Industry, 1922, op.cit. p. 776.

(11) Resume of the State Trawling Industry, Parliamentary Papers, Vol. 3, 1923, p. 1033-1034.

(12) Report of the Auditor-General on the State Industrial Holdings for the year ended 30 June 1923, op.cit p.1011.

(13) Official Year Book of New South Wales, 1922, Sydney, Government Printer, 1924, p. 666.

REFERENCES

(1) Fourth Sectional Report of the Royal Commission to inquire into the Public Service of New South Wales upon the State Trawling Industry, Parliamentary Papers, Vol. 1, 1920, p. 357-417.

(2) Report of the Auditor-General on the State Industrial Holdings for the year ended 30 June 1916, Parliamentary Papers, Vol. 5, 1916, p. 975-993; see especially the Minute for Cabinet Prepared by George Black the Colonial Secretary concerning the State Trawling Industry.

(3) Report of the Auditor-General on the State Industrial Holdings for the year ended 30 June 1922, Parliamentary Papers, Vol. 3, 1922, State Trawlers Section - p. 721-725.

(4) Report of the Public Service Board on the Investigation into the working of the State Trawling Industry, Parliamentary Papers, Vol. 3, 1922, p. 769-770.

(5) Report of the Auditor-General on the State Industrial Holdings for the year ended 30 June 1923, Parliamentary Papers, Vol. 3, 1923, p. 975-1011.

(6) Report of the Royal Commission of Inquiry as to Food Supplies - Interim Report on the Supply and Distribution of Fish, Parliamentary Papers, Vol. 4, 1912, pp. 589-974.

The Sydney Corporation (Fish Markets) Act, 1922 (Act No. 39, 1922) (1) centralized the marketing of fish in Sydney in the Municipal Market where the sales were conducted by licensed agents. The Commonwealth Co-operative Fish Exchange, formerly a private concern, was acquired and closed down by the City Council in January 1923.

In 1945 a conference between State and Commonwealth authorities examined ways to improve the organisation of fish supplies and their market distribution suggesting a network of district depots, control of fish marketing, and refrigeration facilities for fish surpluses.

In response, the State Government established a committee to investigate all aspects of the problems surrounding the better organisation of the fishing industry. This committee, which was composed of both governmental and industry representatives, recommended -

· that the government encourage the fishermen to form co-operatives for the purpose of establishing fish depots and a central distributing organization.;

· that fishermen’s co-operatives be assisted as a general policy to procure financial accommodation by according them the benefits of the Government Guarantees Act; and

· that as a step towards establishing a full co-operative machinery the Chief secretary should take over the Sydney Market on a caretaker basis.

Pending the carrying into effect of these proposals, it was decided in agreement with the Commonwealth to take the necessary action under National Security Regulations to establish a system of unified marketing in New South Wales. The necessary orders were issued under Commonwealth regulations but these were challenged by certain interests and it was then decided to take action under the Fisheries and Oyster Farms Act. This was done by proclaiming that Section 41E of the Act would take effect from 17 September 1945. From that date the licences of fish agents were cancelled and the control of the markets assumed by the Chief Secretary. Following this efforts were made to defeat the Government’s scheme by selling fish outside the Newcastle and Sydney Fish Markets. This was found to be possible as the only fish districts which had been proclaimed covered the Newcastle and Sydney (Metropolitan) areas. This difficulty was overcome by including the whole of New South Wales east of the Darling River under one fish district (2).

In 1946-47 the Chief Secretary constituted a Fish Marketing Advisory Council, drawn from all the organisations engaged in the fishing industry.

By 1947 co-operative developments along the coast had become well advanced. The co-operatives set up depots under the guidance of specially trained officials; in some instances they were assisted by government-guaranteed overdrafts. In addition to receiving and consigning fish to the government-controlled market, the co-operatives were permitted to sell fish to satisfy local requirements. Following this legislative action was taken to enable fishermen’s co-operative societies to be authorised under the Co-operation (Amendment) Act, 1949 ( Act No. 41, 1949) to establish and conduct the business of fish markets (3). The Act came into force two months after its assent date on 16 January 1950 (4).

In 1949 it was decided to hand over the Sydney Market to a co-operative which represented the various sections of the fishing industry, but following disagreements over guarantee conditions, the proposal lapsed. In 1953 another government committee recommended the establishment of a New South Wales Fish Authority to manage and operate the Sydney Fish market and its branches. In 1957, the co-operatives joined in the formation of a co-operative union, which pressed for producer control of the Fish Market. After years of lobbying by the union, the Government acted on the 1953 report and established the New South Wales Fish Authority which officially came into being on 18 December 1963.

Under the Fisheries and Oyster Farms (Amendment) Act, 1963 (Act No. 20, 1963) , (5) the New South Wales Fish Authority was empowered and authorised to establish and maintain markets for the sale of fish and to arrange for the sale of fish on behalf of fishermen or other persons. The sales defined by the act were sales at public auction, however, in 1970 further legislation was enacted. Under the Fisheries and Oyster Farms (Amendment) Act,1970 ( Act No. 69, 1970), (6) the New South Wales Fish Authority became the Fish Marketing Authority which could sell fish by public auction and also by other means or methods -

a) On a consignment basis, on behalf of fishermen, or other persons, to nominated buyers at stipulated prices.

b) By private treaty where the fish have been previously submitted for sale by public auction.

c) To persons or bodies, being buyers acceptable to the Authority, at agreed prices.

The Fish Marketing Act,1994 ( Act No. 37, 1994) (7) authorised the sale of the business undertaking of the Fish Marketing Authority, and set a deregulation date for fish marketing in New South Wales as 1 January 1998. The dissolution of the Fish Marketing Authority occurred from the sale date of 31 October 1994 (8). A Fisheries Administration Ministerial Corporation was established to hold any assets or liabilities, deal with property received, and develop any transferred land from the Fish Marketing Authority.

FOOTNOTES:

(1) Assented to 29 November 1922, New South Wales Government Gazette, Vol. 4, 1 December 1922, p. 6313.

(2) Report of the Department of Fisheries of New South Wales for the year ended 30 June 1946, Parliamentary Papers, 1947, Vol. 1, p.58.

(3) Assented to 16 November 1949, New South Wales Government Gazette, Vol. 2, 25 November 1949, p. 3532.

(4) Co-operation (Amendment) Act, 1949, s.2.

(5) Assented to 10 April 1963, New South Wales Government Gazette, Vol. 2, 19 April 1963, p. 1063.

(6) Assented to 27 November 1970, New South Wales Government Gazette, Vol. 4, 4 December 1970, p. 4885.

(7) The Act commenced on 24 June 1994, New South Wales Government Gazette, 24 June 1994, p. 3107.

(8) New South Wales Government Gazette, 28 October 1994, p. 6450.

An Act to Amend the Dentists Act, 1909 (Act No.27, 1909) dissolved the Dental Board of NSW, repealed all regulations and all money in the possession of the previous Board was passed into consolidated revenue. (1) The new Dental Board established by the Act consisted of two qualified medical practitioners, four dentists qualified under the Dentists Act, 1900, and two ex-officio members, viz - the head of the faculty of dentistry at the University of Sydney and the President (Chairman of the Board of Directors after 1978) of the United Dental Hospital of Sydney. The nominated members were appointed for a term of three years. (2) The names of those appointed to the Board were advised in the NSW Government Gazette of 12 January 1910, (3) the name of the first President was made known on 19 January 1910 (4) and the first regulations were published on 8 March 1910. (5) The staff (a Registrar and typist) were appointed on 23 March 1910. (6)

The Dentists Act, 1912 (Act No.26, 1912) consolidated the existing legislation relating to Dental registration and the role of the Board.

A Royal Commission of Inquiry into the Administration of the Dental Board and the Conduct of its Registrar was conducted in July-September 1915. The Commission related to conflicts of interest of the registrar who was also manager of a dental supply company, acceptance of bribes to achieve registration as a dentist, discriminatory examination practices of the Board and endorsement of unqualified dental assistants. Evidence before the Royal Commissioner failed to substantiate the allegations although errors of judgement were identified. (7)

The Commission may have precipitated the two amendments to the Dentists Act the following year - the Dentists (Amendment) Act, 1916 (Act No.15, 1916), the Dentists (Further Amendment) Act, 1916 (Act No.54, 1916). These Acts and the Dentists (Amendment Act), 1927 (Act No.8, 1927) broadened the definition of 'dentist' and altered the examination methods and the qualifications and experience of those eligible to seek registration.

All existing legislation was consolidated into a new Act in 1934. The Dentists Act, 1934 (Act No.10, 1934) consolidated all existing legislation pertaining to dentistry and provided for the appointment of inspectors to investigate contraventions of the Act or its regulations, and allegations of professional misconduct. (8)

The Dentists (Amendment) Act, 1964 (Act No.21, 1964) increased the membership of the Board from eight to nine including 'the Under Secretary, Department of Public Health, or a person from time to time nominated by him'. (9) Changes relating to the maintenance of the register and qualifications required for registration as a dentist were made by the Act. In addition a Dentists' Charges Committee with five members was established. (10)

The Act was further amended in 1972 to define the role of Inspectors (11) and authorised the issue of provisional certificates in certain cases. (12) In 1975 a separate Dental Technicians Registration Board was established. (13)

The Dentists Act 1989 (Act No.139, 1989) repealed the 1934 Act and constituted the Dental Board of nine members. The Board was to include five dentists registered under the Act and four persons appointed by the Governor to include (i) a nominee of the Faculty of Dentistry at the University of Sydney; (ii) a barrister or solicitor nominated by the Minister; (iii) an officer of the Department of Health; and (iv) a person nominated by the Minister to represent consumers. (14) The new Board was entitled to establish committees to assist with carrying out its responsibilities, the membership of which was not restricted to Board members. (15) Committees included the Complaints Committee, Finance Committee and the Education and Qualification Committee. (16) The Act also established a Dental Care Assessment Committee consisting of four members. These were to include (i) a dentist appointed with the concurrence of the Dental Board and the Australian Dental Association, NSW Branch, (ii) two dentists selected from a list of names provided to the Minister by the Australian Dental Association, NSW Branch, and (iii) a consumers' representative. (17). The new act clearly enunciated procedures for discipline of members including the appeal process. (18)

The Dental Charges Committee ceased to have specific legislative authority under the new Act and subsequently lapsed. (19)

The Dental Practice Act 2001 (Act No.64, 2001) came to effect in 2004 was enacted to replace the existing Dentists Act 1989. (20) The Board was to include twelve members appointed by the Governor to include five registered dentists and another seven to include (i) person nominated by the Minister, being an officer of the Department of Health or an employee of a public health organisation, (ii) registered dentist nominated by the Minister, being a registered dentist involved in the tertiary education of persons for qualification in New South Wales as dentists, (iii) registered dentist nominated by the Minister of the Minister’s own choosing, (iv) registered dental auxiliary nominated by the Minister of the Minister’s own choosing, (v) two persons (not being registered dental care providers) nominated by the Minister to represent the community, (vi) Australian lawyer nominated by the Minister. (21) The Board was entitled to establish committees to assist with carrying out its responsibilities, the membership of which was not restricted to Board members. (22) The Act also established a Dental Care Assessment Committee consisting of five members appointed by the Minister. The members included (i) two registered dentists nominated by the Board (ii) two registered dentists appointed from a panel of names furnished to the Minister by the Board, and (iii) one person appointed by the Minister to be a representative of consumers. A person could not be a member of the Committee while the person was a member of the Board. (23)   The Dental Practice Act 2001 (Act No.64, 2001) was repealed by Health Practitioner Regulation Amendment Act 2010 (Act No.34, 2010) with effect from 1 July 2010. (24)   The Australian Health Practitioner Regulation Agency (AHPRA) became the organisation responsible for the registration and accreditation of ten health professions across Australia. (25)

Endnotes

(1) An Act to amend the Dentists' Act, 1909, s.6.

(2) An Act to amend the Dentists' Act, 1909, s.3.

(3) NSW Government Gazette, 12 January 1910, p.139.

(4) NSW Government Gazette, 19 January 1910 p.245.

(5) NSW Government Gazette, 8 March 1910, p.1371.

(6) NSW Public Service Lists, 1910, p.20.

(7) State Records Agency No.2564.

(8) Dentists Act, 1934, s.5.

(9) Dentists (Amendment) Act, 1964, s.(2) (a) (ii).

(10) Ibid., s.12A.

(11) Dentists (Amendment) Act, 1972, s.2(c).

(12) Ibid., s.2 (j).

(13) Dental Technicians Registration Act, 1975 (Act No.40, 1975) s.6.

(14) Dentists Act, 1989 s.8.

(15) Ibid., s.9.

(16) Minutes of the NSW Dental Board 1988-2003, State Records NSW Reference NRS3713

(17) Dentists Act, 1989  Part 5.

(18) Ibid. Parts 6, 7. (19) Dentists Act, 1989 s.31.

(20) Dentists Act, 1989, Status Information. (21) Dental Practice Act 2001, s.108 (2). (22) Dental Practice Act 2001, s.101. (23) Dental Practice Act 2001 Part 9.

(24) Health Practitioner Regulation Amendment Act, 2010 s.3.

(25) Australian Health Practitioner Regulation Agency Website http://www.ahpra.gov.au/en/About-AHPRA/Who-We-Are.aspx (cited 22 July 2010).

Until 1949 Bushfire Brigades managed fires in areas not proclaimed fire districts by the Fire Brigades Act (1909-1927) and serviced by the fire brigades of the Board of Fire Commissioners. Fire fighting services provided by the Board of Fire Commissioners extended through mainly urban areas with the Sydney region falling within the County of Cumberland, the cities of Newcastle and Wollongong, Blue Mountains and larger country towns. As well as the Fire Brigades and the Bushfire Brigades, the Forestry Commission also organised and trained its own fire-fighters who carried out their duties in forests, National Parks and on Crown lands. (1)

The Bush Fires Act, 1949 (Act No.31, 1949 ) was assented to on 11 November 1949 and came into effect on 9 December 1949. (2) This legislation consolidated and modernised the law relating to the prevention, control and suppression of bush fires, and gave councils and other authorities wider powers to protect the areas under their control. The Bushfire brigades manned by volunteers and directed by their captains and deputy captains appointed by their local Councils were to continue (3) but group captains could now be appointed by shire and district councils or Ministers (4) to direct brigades formed by two adjoining councils.

The Act gave the Governor authority to proclaim Bush fire districts where no fire district had previously been proclaimed. A Bush Fire Fighting Fund was established for strengthening the volunteer bush fire brigade system. This was to be financed by insurance companies who contributed half the funds, and the remainder was supplied equally by state and local government. (5) The Act enabled the co-ordination of the activities of the Board of Fire Commissioners, the Forestry Commission and the Bush Fire Brigades. The Minister (for Local Government ) was empowered to appoint a person to take charge of all bush fire operations in a state of emergency. (6)

The Act also established the Bush Fire Committee which was to replace the Bush Fire Advisory Committee. Persons who immediately before the Bush Fires Act, 1949 were members of the Bush Advisory Committee were to continue in the new Committee (7) which was to comprise 20 members representing NSW Government departments, local government, the insurance industry, the farming community, the Board of Fire Commissioners, and the Commonwealth Meteorological Bureau. The Bush Fire Committee was to have a standing committee comprised of a Chairman and five others who met at least once a month. (8)

The Bush Fire Committee with headquarters in Sydney advised the Chief Secretary and Minister for Local Government on all matters relating to bush fires, and generally coordinated the work of volunteer fire fighting groups and was responsible for community education relating to bushfires.

The Bush Fire Committee was replaced by the Bush Fire Council in 1970, by amendment to the Bush Fires Act (Act No.25, 1970), assented to on 8 April 1970 and proclaimed (except for section 4) on 5 June 1970. (9)

Endnotes

1. Australian Encyclopaedia, Vol. 2 p.204.

2. NSW Government Gazette, 1949 Vol. 2, p.3660.

3. Bush Fires Act 1949 (Act No.31, 1949) s.5.

4. Ibid. s.20.

5. Ibid. s.32.

6. Ibid. s.17.

7. Ibid. s.39.

8. Ibid. s.39 (6).

9. NSW Government Gazette, 1970 Vol. 2, p.2110.

References: Concise Guide 2nd Edition 1992.

Civil Defence was instituted in New South Wales during World War II when the National Emergency Services was established. Although the National Emergency Act of 1941 lapsed with the conclusion of hostilities and with it the voluntary National Emergency Services, the Chief Secretary's Department and subsequently the Premier's Department continued to be engaged in the collation and evaluation of information. (1)

In April 1955, following disastrous floods throughout New South Wales, the State Emergency Services was established by Cabinet Minute. (2) (Two Liaison Officers were appointed to the State Emergency Services in the Chief Secretary’s Department on 19 April 1955. (3) The task of the agency was to co-ordinate the activities of the Armed Services, Government Departments and other bodies to ensure the most effective direction of effort in times of flood. (4)

State Emergency Services was established to deal with emergencies such as floods and bushfires which develop rapidly and which require considerable skill and planning to ensure minimum loss of life and property. The State Emergency Services were charged with making plans for flood warnings; communications; evacuation, housing and feeding of evacuees; rescue; provision of essential services, medical and nursing facilities; and for various forms of immediate relief including the feeding of stock and the restoration of essential services. (5)

It was also recognised that many of these facilities could be supplied by existing services such as the Police, Social Services, Public Health Department, Public Works Department and other bodies, but that such services could only be effective if a well co-ordinated plan existed, and efficient direction and control of all services were exercised during an emergency. The necessary planning and preparations became the responsibility of the State Emergency Services. (6)

Also in 1955, the Government had established a Civil Defence Organisation to undertake active planning to deal with possible emergencies likely to arise from enemy attack. On 19 May 1955 a Director of Civil Defence was appointed and in August a Deputy Director was appointed. (7)

In September 1955, the two organisations were amalgamated, the new organisation was known as Civil Defence and State Emergency Services but popularly known as Civil Defence. (8)

On 2 August 1972, the first legislation, the State Emergency Services and Civil Defence Act 1972 (Act No.11, 1972) was proclaimed. (9) The organisation established by the Act was The State Emergency Services and Civil Defence Organisation of New South Wales. For administrative purposes, the title of the organisation became the State Emergency Services of New South Wales. The change of emphasis from civil defence to state emergency resulted from the realisation that the possibility of nuclear holocaust was diminishing . Under the new legislation, civil defence became simply part of the many different types of emergencies to be dealt with by the organisation. (10)

Endnotes

1. Concise Guide to the State Archives of NSW 2nd ed. Q-Sp."State Emergency Services" p.16.

2. Ibid.

3. Blue Book 1955, p.13.

4. Concise Guide op. cit.

5. Ibid.

6. Ibid.

7. Blue Book 1955 p.13.

8. Concise Guide op. cit.

9. NSW Government Gazette, vol. 3, p.3099.

10. State Emergency Services and Civil Defence Organisation of New South Wales Report ending 30 June 1973, p.3 in NSW Parliamentary Papers, Vol.1, pp.365-390.