VPRS 10092 Child Migration Files

This series comprises files created by VA 1467 Children's Welfare Department of the Chief Secretary's Department and subsequent departments who took over responsibility for child migrants.Under the Commonwealth Immigration (Guardianship of Children) Act 1946-1973 an immigrant child was defined as any person under the age of 21 years who came to Australia as an immigrant otherwise than in the charge of, or for the purpose of living in Australia under the care of, any parent or relative of that person. The Act vested legal guardianship of immigrant children during their minority in the Commonwealth Minister for Immigration. The Commonwealth Minister for Immigration was empowered to delegate all his powers of legal guardianship to any officer or authority of a State with respect to immigrant children received in that State. Statutory Rules under the Act designated the Secretary of the Children's Welfare Department/Social Welfare Department of Victoria as the delegate.Legal guardianship continued until the minor reached majority (i.e. turned 21) or was exempted from the provisions of the Act under a discretionary right of the Minister or delegate. Exemptions were usually only granted if the minor was over the age of 18 years and the custodial arrangements of the nominator satisfied the Department. The Act provided for the legal guardian (i.e. the Department) to oversee custody of the minor and the estate of the minor and thus empowered the Department to make home visits, consent to the marriage of the minor and approve their transfer to another state or overseas. Custodians included individuals and welfare and religious organisations such as the Big Brother Movement, Dr Bernardos Homes and institutions run by the Salvation Army and the Catholic, Presbyterian, Anglican and Methodist churches.The nominator assumed responsibility for the welfare and care of the minor including custody, control, maintenance, education, training and employment. Custodians were required to notify the Department if the minor absconded, became seriously ill or died.The Department was also required to approve proposals from nominators for the care, custody, employment and accommodation of British minors and approve applications for landing permits with respect to alien minors referred from the Commonwealth Immigration Office.The files document both the assessment of applications to nominate British and alien minors and the subsequent administration of legal guardianship of those minors by the Children's Welfare Department/Family Welfare Division.Many of the files comprise standard forms used for processing applications to nominate a minor. Initial nomination applications were made to the Commonwealth Department of Immigration or to the State Immigration Office. Notification of the application was then forwarded to the Children's Welfare Department/Family Welfare Division which then sent a questionnaire to the applicant. On the basis of the applicants responses, the Department made an assessment of the application.Information gathered concerned: the nature of the relationship between the nominator and minor and whether the minor had relatives in Australia; the proposed arrangements for accommodation, employment, teaching of English and continuation of religious tradition, health of the minor, citizenship status of the nominator and whether the nominator understood the provisions of the Act. In some cases the assessment was not made until further information about the behaviour, character and living conditions of the nominator had been obtained from a Departmental inspection or police report.Following the assessment by the State, the Commonwealth was notified of the decision. This could be:- the nominator is suitable to accept custody of the minor (Recommendation)- the nominator and minor should be exempt from the provisions of the Act (Exemption)- the minor does not come within the provisions of the Act- the nominator is not suitable.Some cases relate to applications for nomination which lapsed, were withdrawn or which for some other reason were cancelled. Grounds for cancellation included the migrant having attained the age of 21, married or moved interstate and thus become the responsibility of another State. The Secretary of the Department could determine that the child migrant was under the guardianship of a relative, effectively in charge of their own affairs or no longer traceable.Files documenting the administration of legal guardianship include considerable personal data about minors and their custodians. Documentation on the files includes reports of social workers, parents, custodians, employers, vocational guidance officers, teachers and doctors which include detail about the character, behaviour and medical condition of minors as well as the character, behaviour, financial status and living conditions of custodians.