A statutory authority charged with the welfare of children that exercises powers to remove a child from parental care owes a duty of care to avoid causing psychiatric injury by the removal, and must make reasonable enquiry into family circumstances and weigh the risk of harm from removal against the risk of harm from leaving the child with the family. The term 'legal guardian' in the Aborigines Act 1934 (SA) s 10 did not confer power to foster Aboriginal children without parental consent, applying the principle that legislation is not taken to abrogate fundamental rights absent clear intention. For limitation purposes under s 48(3)(b)(ii) of the Limitation of Actions Act 1936 (SA), 'conduct' of the defendant includes failure to disclose relevant information, not merely affirmative action. An infant placed in foster care is not falsely imprisoned where the restraint on movement is attributable to the obligation to care for the child and the child's continuing immaturity.
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