Leslie Massey
In Australia, a ward of the state is a legal term for a child under the guardianship of a state or territory child welfare authority. The term 'ward' was first used in the 1887 Neglected Children's Act, and while Victoria abandoned its use in 1989, some young people remained wards of the state until the early to mid-1990s. The state assumes responsibility for the care, custody and control of the child, excluding parental rights. While the reasons for children becoming wards of the state have changed over time, they include neglect, disability, or mental deficiency. Records about state wards are held by state or territory government departments and are generally closed to the public for 99 years, although former wards and their families can access them.
| Characteristics | Values |
|---|---|
| Description | A child under the guardianship of a State child welfare authority |
| Jurisdiction | Derived from the British Crown's duty as parens patriae ("parent of the nation") to protect subjects, especially those unable to look after themselves |
| Placement | Institutions, boarding, foster care, apprenticeship, or employment |
| Records | Registers containing names of institutions, reasons for placement, and duration of placement |
| Access to Records | Generally closed to the public for 99 years, but accessible to former wards and their families |
| Legislation | Victorian Children's Welfare Act 1928, 1933, and 1954; Children and Young Person's Act 1989 |
| Age | Up to 15 between 1864-1887 and up to 17 from 1887 |
| Reasons for Placement | Neglect, disability, mental deficiency, or offence punishable by incarceration |
| Adoption | Eligible for adoption |
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What You'll Learn
Who is a ward of the state?
In Australia, a ward of the state is a legal term used to describe a child under the guardianship of a state or territory child welfare authority. The state, as the guardian, assumes responsibility for the care, custody, and control of the child, excluding parental rights. The term 'ward' first appeared in the 1887 Neglected Children's Act. While Victoria abandoned the use of the term 'ward' in 1989, some young people remained wards until the early to mid-1990s.
Children are typically made wards of the state following proceedings in a children's court. Child welfare authorities are given considerable power over these children. For example, the Western Australian Child Welfare Act 1947 gave the secretary of the Department of Child Welfare the 'care management and control of the persons and property of all wards'. A child is usually a ward until they turn 18, although some jurisdictions may extend this to 21.
The reasons for children becoming wards of the state have changed over time, as have the terms used to describe them. In the past, children were deemed wards of the state if they were found begging, had no settled place of abode, were associating with undesirable characters, had committed an offence, or were working during nighttime hours. Later, definitions of a neglected child were expanded to include children whose parents were deemed unfit, or who were not attending school regularly. Additionally, children with disabilities or deemed ''mentally deficient' could also be made wards of the state.
Wards of the state may be placed in institutions, foster care, or with approved private individuals through 'licensing', 'apprenticeship', or 'boarding out' arrangements. They are also eligible for adoption and continue to be wards until they are adopted.
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How does one become a ward of the state?
The term 'ward of the state' refers to a child under the guardianship of a state (or territory) child welfare authority. The state assumes responsibility for the care, custody and control of the child, excluding parental rights. Generally, a child becomes a ward of the state following proceedings in a children's court. Child welfare authorities have considerable power over the children who are made wards of the state. For example, the Western Australian Child Welfare Act 1947 (s.10.1) gave the secretary of the Department of Child Welfare the 'care management, and control of the persons and property of all wards'.
A child is usually made a ward until they reach the age of 18, although some jurisdictions can extend this to the age of 21. The reasons for children becoming wards have shifted over time with different laws, as has the language used to describe these children. For example, the New South Wales Child Welfare Act 1939 expanded the definition of a neglected child to include children whose parents were deemed unfit to retain them, or who were not attending school regularly without a lawful excuse (truancy). Other reasons for a child to become a ward of the state include disability or being deemed 'mentally deficient'.
In the late 19th century, children in state care were mostly placed with approved private individuals within the community through 'licensing', apprenticeship or 'boarding out' arrangements. Formal state-organised adoptions of wards of the state began when the Adoption of Children Act 1928 became law in July 1929.
Elderly individuals may also become wards of the state due to various circumstances, most commonly a lack of family support. When family members are unavailable or unwilling to take responsibility, the state steps in to provide necessary care and oversight. This situation often arises when an elderly person lives alone and their health deteriorates without assistance. Cognitive impairments, such as dementia or Alzheimer's disease, can also lead to state guardianship. These conditions often render individuals incapable of making sound decisions regarding their health, finances, and daily living.
There are legal steps that can be taken to prevent becoming a ward of the state, such as appointing a power of attorney, which allows a trusted person to make decisions on behalf of the elderly individual regarding finances and healthcare without court intervention.
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What happens to wards of the state?
A ward of the state in Australia is a legal term describing a child under the guardianship of a state (or territory) child welfare authority. The state assumes responsibility for the care, custody and control of the child, excluding parental rights. Generally, a child is made a ward of the state following proceedings in a children's court. Child welfare authorities are given considerable power over the children who are made wards of the state.
Once a child is made a ward of the state, they could be placed in institutions (run by the government or charitable/religious organisations), boarded out or put in foster care, apprenticed, or placed in employment once they reach school-leaving age. From the late 1880s, children in state care for their protection were mostly placed with approved private individuals within the community through 'licensing', apprenticeship, or 'boarding out' arrangements. Formal state-organised adoptions of wards of the state commenced when the Adoption of Children Act 1928 became law in July 1929.
The reasons for children being made wards of the state shifted over time, as did the language used to describe them. For example, the New South Wales Child Welfare Act 1939 expanded the definition of a neglected child to include children who were destitute, whose parents were judged unfit to retain the child, or who, without lawful excuse, were not attending school regularly (truancy). Children could also be made wards of the state because of disability or if they had been deemed "mentally deficient".
Records about state wards are held by state or territory government departments. These records are generally closed to public access for 99 years, however, access is available to former wards and their families. For the period where the records are open to the public (that is, for wards of the state registered more than 99 years ago), the registers are the only substantial record that still exists about each child.
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History of wards of the state in Australia
The term 'ward of the state' or 'state ward' was used to describe a child under the guardianship of a state (or territory) child welfare authority. The state, as the guardian, was responsible for the care, custody, and control of the child, excluding parental rights. The term 'ward' first appeared in the 1887 Neglected Children's Act. While the function of the government committing children to state care began in 1864, the term 'ward' to collectively describe these children only came into use in 1887.
Children could be made wards of the state for various reasons, including neglect, disability, or mental deficiency. The reasons shifted over time with changing laws, as did the language used to describe these children. For example, the New South Wales Child Welfare Act 1939 expanded the definition of a neglected child to include children whose parents were deemed unfit, who were destitute, or who were not attending school regularly (truancy).
Wards of the state could be placed in institutions run by the government or charitable/religious organizations, boarded out, placed in foster care, apprenticed, or put in employment once they reached school-leaving age. From the late 1880s, children in state care for their protection were primarily placed with approved private individuals within the community through licensing, apprenticeship, or 'boarding out' arrangements. Formal state-organized adoptions of wards of the state began with the Adoption of Children Act 1928, which became law in July 1929.
By the 1950s, around half of Victoria's state wards were in institutions, with the figure rising to 85% by the early 1960s. Victoria relied more on the non-government sector for the care of state wards than other Australian states. From the 1950s, the government established several state-run institutions for children and young offenders.
In the 1950s and 1960s, Aboriginal Australians were designated as wards of the state, representing an anticipatory citizenship formation. The state scrutinized the family life, economic activity, and behaviour of these wards.
The term 'ward' was abandoned in Victoria with the Children and Young Person's Act 1989, shifting the language to 'children in need of protection'. However, some young people remained as wards until the early to mid-1990s.
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Accessing records of wards of the state
If you or your family member was a ward of the state, it is likely that there are some government records about their time in "care". These records are generally closed to public access for 99 years, however, access is available to former wards and their families.
The records contain personal information about former wards of the state, and include case files, ward history cards, foster parent files, registers and indexes of children in certain types of institutions, after-care files, and records relating to the operation of Homes and institutions for young people. The majority of these records are held by Museums of History NSW (State Archives), although more modern records from the 1980s onwards remain in the custody of the Department of Family and Community Services.
The registers are a central departmental record detailing each child committed to State 'care', why and for how long a child was made a ward of the state, and where they were placed during that term. The registers contain the names of some institutions still in operation, which might have preserved historic records about individuals. The records for the period 6 December 1864 to 12 October 1923, have all been digitised and individual children can be found by typing their names in the search form.
To apply for access to records about state wards in South Australia, contact the Department for Child Protection SA. The After Care Support Program, run by Children Youth and Families, provides assistance in accessing records of people who were in State care in Tasmania. In Victoria, contact the FOI Unit in the Department of Families, Fairness and Housing. Contact the Department of Communities, Freedom of Information Unit to access information about former state wards in WA. Completed application forms with proof of identity can be sent to the Care Leaver Records Access Unit, or lodged with a Community Services Centre.
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Frequently asked questions
A ward of the state in Australia is a child under the guardianship of a state (or territory) child welfare authority. The state assumes responsibility for the care, custody and control of the child, excluding parental rights.
A child may become a ward of the state if they are deemed neglected, have committed an offence, or are found begging, among other reasons. Additionally, children with disabilities or deemed "mentally deficient" can also become wards of the state.
Once a child becomes a ward of the state, they can be placed in institutions run by government or charitable/religious organisations, or they may be placed in foster care or with approved private individuals through licensing, apprenticeship, or "boarding out" arrangements.
A child usually remains a ward of the state until they reach the age of 18, although some jurisdictions may extend this to the age of 21.
