When a sophisticated girl entices a boy into the commission of an offence it is anomalous[7] that his name should be recorded in the Police Gazette while the girl, who may be the real offender, is not charged and, even when the girl is committed to the care of the State, her offending is not recorded in the Police Gazette.

=(3) Corporal Punishment Abolished=

By the Statutes Amendment Act 1936 the power which formerly existed for the Court to order a whipping was abolished in so far as children are concerned. (The penalty of whipping was later abolished in all other cases by section 30 of the Crimes Amendment Act 1941.)

Representations have been made to this Committee that the abolition of corporal punishment as a deterrent may have led to an increase in sexual misbehaviour.  It was pointed out that parents and school teachers may resort to physical chastisement where thought desirable, and it was suggested that a Magistrate should have power to order a whipping in suitable cases.

There is, however, a big difference between a parent or teacher himself punishing by the cane or strap soon after the offence, and a Magistrate ordering a beating to be inflicted by a complete stranger at a later date.

The Committee, therefore, does not recommend the restoration of corporal punishment.  It merely notes the matter here as part of the history of the law relating to child welfare and to show that the representations on this point have been considered.

=(4) Defects in the Act and its Application=

Several matters have come to the notice of the Committee during its investigations which prompt it respectfully to point out to the Government that the present statutory provisions are out-moded and that the time has arrived for a complete redrafting of the statute to remove anomalies and to suit the needs of the times.

The terms of the order of reference scarcely require the Committee to make detailed recommendations.  It should suffice to point out certain respects in which the Act itself might be improved and a new meaning given to “child welfare” which might go a long way towards reducing the amount of juvenile delinquency.

(a) “Child Welfare” a Misnomer

The preamble to the Act of 1925 describes the limited nature of its intention.  It is: 

    An Act to make Better Provision with respect to the Maintenance,
    Care, and Control of Children who are specially under the
    Protection of the State; and to provide generally for the
    Protection and Training of Indigent, Neglected, or Delinquent
    Children.