Apprentices Act 1901 (NSW)
Act No. 41, 1901.
An Act to consolidate the Acts relat ing to
Apprent ices , [5th November, 1901.]
| BE it enacted by the K i n g ' s Mos t Exce l l en t Majes ty , by | the advice and consent of t h e Legis la t ive Council and | Legis la t ive |
and with
| Assembly of N e w South W a l e s | in Pa r l i amen t | assembled, and by | the |
au thor i ty of t h e same, as follows :—
P A R T I . Preliminary.
1. This A c t m a y bo cited as t he " A p p r e n t i c e s Act , 1 9 0 1 , " and
is divided in to t h e following P a r t s :—
P A R T I . — P r e l i m i n a r y — s s . 1-3. P A R T
P A R T I I . — M a s t e r s and Apprentices—ss. 4 - 1 6 . P A R T I I I . — P r o c e d u r e and Penalties—ss. 1 7 - 2 5 .
2. (1) The Acts ment ioned in the First Schedule here to are , to t h e ex ten t there in expressed, hereby repealed.
(2) All inden tures and ass ignments , made or executed u n d e r
a n y Ac t hereby repealed, shall be as valid as if this Ac t had been in force when they were so m a d e or executed, and they had been made hereunder .
3. ( 1 ) I n this Act , unless the con tex t or subjec t -mat ter other
wise indicates or r equ i res ,—
" A p p r e n t i c e " means a n y child who is bound apprent ice by
i nden tu r e or ass ignment of i n d e n t u r e unde r this Ac t . " Jus t i ce " means just ice of t he peace.
" M a s t e r " means any person or official, male or female, or
company to w h o m any child m a y be bound appren t ice by
i nden tu r e or ass ignment of indenture; unde r this Act .
" P a r e n t " includes guard ian .
" T w o j u s t i c e s " means two just ices or a s t ipendiary or police magis t ra te .
(2) N o t h i n g in th is Ac t shall ex tend to any solicitor, or to
any person engaged in t he tu i t ion of any professional or scientific b ranch of learning or pu r su i t , or to a n y art icled clerk of such solicitor, or to any clerk or appren t ice of such person.
P A R T I I .
Masters and Apprentices.
4. No child shall be b o u n d appren t ice under this Act unless he has a t ta ined the age of
fourteen years, and the t e rm of appren t ice
ship shall no t in any ease exceed seven years.
5. A n y person h a v i n g t h e pr incipal control or m a n a g e m e n t of
any o rphan school, or o ther publ ic ins t i tu t ion , or depa r tmen t of an eleemosynary na tu r e , m a y by i n d e n t u r e bind, or cause to be bound, any child u n d e r his care or control , to be appren t ice to any mas ter .
6. I n any case where a n y child has been convicted of vagrancy ,
or of any c r imina l offence, or has been for th ree years ma in ta ined inany ins t i tu t ion suppor ted a t t h e publ ic expense, or supported whol ly
or in pai't by char i table subscr ipt ions , or endowmen t , t h e pa ren t shal l
no t be ent i t led to remove such child from such ins t i tu t ion , unless wi th t h e consent of t h e person h a v i n g t h e m a n a g e m e n t or control thereof, and such person may , if he th inks fit, w i thho ld such consent , a n d m a y in respect of a n y such child exercise all t h e powers men t ioned in t h e
last p receding section. 7.
7. W h e r e any apprent ice is bound under t he last preceding section, the pa ren t of such apprent ice may m a k e applicat ion to any two just ices for the custody of such apprent ice , and the said just ices may , in a s u m m a r y way, order such apprent ice to be restored to such paren t , on such terms and conditions and upon p a y m e n t of such sum of money as they deem equi table and jus t , and upon compliance wi th such te rms , and upon p a y m e n t of such sum the said jus t ices may cancel the inden tures of such apprent ice , and order h im to be restored
| to his | pa ren t . | |
|
any child in respect of whose ma in t enance an order has been made unde r a n y A c t enabl ing just ices to m a k e orders for t h e ma in t enance of chi ldren deserted or left w i thou t means of suppor t to be apprent ice to any mas ter .
9. A n y father, resident in N e w South Wales , of any child, or if t he fa ther is dead, or t h e i nma te of any prison, luna t i c asy lum, or benevolent ins t i tu t ion of any kind, t h e n the m o t h e r so res ident and not u n d e r a n y such disabili ty, or if t he child has no t such pa ren t b u t has a guardian , t h e n such guard ian , and if t he r e is no guard ian , any two just ices , may by inden ture b ind or cause to be bound any such child to any mas te r to be ins t ruc ted by h im in any t r ade , ar t , business,
| or | m a n u a l | occupat ion. |
| 10. A n y person resident in and exercis ing any t rade , ar t , business, or m a n u a l occupat ion, upon his own account | wi th in | N e w |
South Wales m a y by inden tu re t ake a n y appren t ice coming wi th in any of the preceding sections to be ins t ruc ted in such t rade , a r t or occupation.
11. A n y official in t h e service of the Gove rnmen t of New South Wales hav ing the direction and control of persons engaged in any t rade, ar t , or m a n u a l occupation exercised there in on behalf of t h a t Govern ment , m a y take so m a n y apprent ices coming wi th in any of the preceding sections as he may requi re to serve unde r h i m and his
| successors in office. |
12. The m a n a g e r of any company established and registered in
N e w Sou th Wales hav ing the direction and control of persons engaged in any t rade , ar t , or m a n u a l occupat ion, exercised there in on behalf of such company, m a y by inden tu re t ake so m a n y apprent ices coming wi th in any of the preceding sections as he m a y requi re to serve unde r h im and his successors in office.
13. Before any child is bound or t aken as apprent ice , he may be admi t t ed as a n d become a probat ioner on such t e rms as may be agreed upon for a period of th ree m o n t h s to t he proposed mas te r in the t rade , ar t , business, or m a n u a l occupat ion as to which it is con templa ted to bind h i m ; and the proposed mas te r or proposed apprent ice , or the pa ren t or t he other person author ised, m a y at the end of such period of
t h ree
th ree m o n t h s t e r m i n a t e such engagement , if any or e i ther so desires and signifies; h u t if no such desire is expressed, t h e n a n i nden tu re of apprent iceship in wr i t ing or pr int , w i th a coun te rpa r t thereof, shall be entered into, signed, and sealed by the apprent ice , as of t h e first p a r t ; by t h e paren t , or by such person, guard ian , or just ices , as t h e case m a y
be, of t h e second p a r t ; a n d by the in tended mas te r of t h e th i rd p a r t ; and such inden tu re shal l specify the pa r t i cu la r t rade , ar t , business, or occupat ion in which the appren t ice is to be ins t ruc ted , and the period for which he is to serve, and shall be in t he form, as near ly as m a y be, set ou t in the Second Schedule here to ; and every such inden tu re shall be b ind ing bo th on t h e mas t e r and on t h e apprent ice in l ike m a n n e r as i t would have been if t h e appren t ice had been of full age at t h e t ime of his en te r ing in to and s igning a n d sealing t he same.
14. A n y mas te r , or if he is t h e n dead, t h e executor or adminis
t ra to r of t he mas te r of any such appren t ice may , b y endorsement set
o u t upon t h e i nden tu re of apprent icesh ip , or on t he coun te rpa r t
thereof, or if bo th are lost, t h e n b y any other sufficient i n s t r u m e n t in
wr i t i ng unde r his h a n d and seal, b u t by a n d wi th t h e consent of two
jus t ices , testified by the i r j o in ing as part ies to such endorsement , and after reasonable not ice to , and hea r ing such apprent ice , and wi th t h e consent of such apprent ice , assign t h a t i nden tu r e and t h e services of t h e appren t ice the reunder , to any fit person (who shall also jo in as a pa r ty to such endorsement ) for t he remainder of the t e r m ment ioned
in t ha t i n d e n t u r e :
Provided t h a t such endorsement , or o ther i n s t r u m e n t as afore said, shal l be in t he form as near ly as can be, and conta in t h e declara t ion and acknowledgmen t set ou t in t he Third Schedule h e r e t o ; and in such case such apprent ice shall be deemed to be t he apprent ice of such
assignee to all i n t en t s and purposes . 15. No twi ths t and ing any provision conta ined here in , or in any
such i nden tu r e of apprent iceship or a s s ignment , t h e t e r m of apprent ice ship specified shall , if it is n o t sooner completed by effluxion of t ime , be t a k e n to expire , and shall expire w h e n t h e apprent ice a t t a in s t h e
age of twen ty -one years, or, marr ies w i t h t h e consent of t he person appointed to give consent to t h e marr iage of minors u n d e r t he provisions
of any A c t for t h a t purpose .
16. N o appren t i ce shal l be bound to serve his mas te r for m o r e
t h a n for ty-e ight hours d u r i n g a n y one week :
Provided t h a t this res t r ic t ion shall no t apply to apprent ices
bound to f a rming occupat ions or to o ther servants in husband ry , or to
domest ic service.
P A R T
P A R T I I I .
Procedure and penalties.
17. I n case of a n y difference or dispute be tween any mas t e r and any appren t ice ar is ing unde r any inden ture or ass ignment , t h e par ty aggrieved m a y cause a summons to be issued ou t of t he cour t of pe t t y sessions of t he district in which t h e difference or dispute arose, specifying the wrong or in jury complained of and the redress sought , a n d ca l l ing upon the o ther pa r ty to show cause upon a given day before such cour t why t h a t pa r ty should no t be ordered to give or m a k e t h a t r e d r e s s ; and the reupon any two jus t ices , m a y hear t he compla in t and m a k e such order upon such difference or dispute as in the i r discret ion equi ty and r igh t requires , and may impose any fine not exceeding ten pounds upon such mas te r or apprent ice as a pena l ty for a n y proved misconduc t or breach of cont rac t . Such just ices m a y also discharge such apprent ice if t hey t h i n k proper , by certificate unde r the i r hands , from t h e services of such master , and m a y cancel t h e i nden tu re of apprent iceship or any ass ignment thereof, which certificate shall be a bar to any act ion b rough t on such inden tu re or agreement , and may award such costs of t h e proceeding as they m a y t h i n k reasonable, and may order t he paymen t of any wages t h e n owing by the mas te r to t he apprent ice .
18. (1) If any apprent ice , before the expira t ion of his appren t iceship, absents himself w i thou t leave from his mas ter ' s service for more t h a n one week, such apprent ice m a y a t any t i m e be compelled to serve such mas te r for so long a t ime as be has so absented himself, or to m a k e reasonable satisfaction to his mas te r for t he loss the la t t e r has susta ined by such absence, and so from t ime to t ime as often as such apprent ice so absents himself.
(2) If such appren t ice refuses to serve as he reby required,
or to m a k e reasonable satisfaction as aforesaid, or cannot t h e n be
found, his mas te r may m a k e compla in t of such offence on oath to any
| just ice, and such | jus t ice | m a y the reupon | issue his w a r r a n t | for | t h e |
| apprehens ion of such apprent ice . | A n y two jus t ices may hear | such |
compla in t in a s u m m a r y way, and de te rmine w h a t satisfaction shal l be made to such master , and if such apprent ice does no t m a k e , or give securi ty to make , such satisfaction according to such de terminat ion , such just ices may commit h i m to any gaol or house of correction for a n y period not exceeding one m o n t h , a n d he shall also be bound to serve his m a s t e r for t he period du r ing which he so absented himself.
19. I t shall no t be lawful for any such mas te r as aforesaid to p u t away or t ransfer any such apprent ice as aforesaid to a n y other person, or in any way discharge such apprent ice from his service w i thou t such consent as is specified in section four teen or under t he
certificate
certificate provided for by section seventeen hereof; and any mas te r violating t h e provisions of this section shall be liable to a pena l ty of
t en pounds . 20. A n y person who entices or takes away or employs or ha rbour s or aids, or is concerned in en t ic ing or t a k i n g away or employ ing or ha rbour ing any appren t ice , shal l be liable to a pena l ty not exceeding ten pounds .
21. A n y fine, penal ty , costs, or wages paid or recovered under th is A c t shall be appl ied and disposed of a t t he discretion of the court , e i ther towards t he funds of any char i tab le ins t i tu t ion exis t ing in t he dis t r ic t where t he defendant resides, or to and for t he use and benefit of t h e compla inan t or prosecutor as compensa t ion for t h e wrong or in jury sustained by h im.
22. No impr i sonment shall be inflicted unde r th is A c t upon any apprent ice under sixteen years of age, or upon any female apprent ice .
23. A n y apprent ices bound in accordance wi th t h e provisions of t h e fifth section shall be l iable to inspection by any officer authorised by the Colonial Secretary, and such officer shall ac t as gua rd ian to t h e aforesaid apprent ices , and he shall have full power to ini t ia te and ca r ry o u t legal proceedings on their behalf and otherwise provide t ha t t he condit ions of all i nden tu res and agreements m a d e be tween such
apprent ices and the i r mas te rs a re faithfully carried out , a n d such officer shall r epor t annua l ly upon t h e operat ions of t h e Ac t , so far as h e is here in empowered to exercise supervision thereunder , to t h e Colonial S e c r e t a r y :
Provided t h a t no th ing in th is section shal l be t a k e n to app ly to
a n y child apprent iced u n d e r t h e provisions of t h e Reformatory and Indus t r i a l Schools Act of 1901 . 24. A n y person aggr ieved by any conviction or order unde r this A c t may appeal against t h e same.
25. This A c t shal l be read a n d const rued subject to the A c t n u m b e r seventy-one, one thousand
n ine
hundred .
S C H E D U L E S .
S C H E D U L E S .
F I R S T S C H E D U L E .
| Year, &c. | Title or short title. | Extent of repeal. |
| 15 Vic. No . 2 | A n Ac t to make fur ther provision for the Appren t i c ing of the chi ldren in t he Male and Female Orphan Schools, and o ther poor children. | The unrepea led port ion |
| 57 Vic. No 22 | Appren t i ces Act , 1891 | The whole. |
S E C O N D S C H E D U L E .
| T i n s inden ture , made the | day of | , one thousand | nine |
| h u n d r e d | , between | , son | of | , of | , and |
| here inaf te r designated apprent ice , of | the first pa r t ; |
, of the second par t (as
| consent ing here to) ; and | , of | , ca r ry ing on business as |
| a t | , and hereinafter designated master , of the thi rd p a r t : Wi tnesse th tha t the |
| said | pu t s himself appren t ice to the said master to learn the t rade , ar t , business, |
or occupation of
and every th ing re la t ing there to , for the space of years , and for so many
addit ional days as is here inaf ter provided for—such t e rm to be computed from the
day ot , one thousand nine hundred . A n d the said appren t ice
hereby agrees and engages with the said master , and his executors and adminis t ra tors , t ha t du r ing such t e rm he will faithfully, diligently, and assiduously serve and obey all lawful commands of his said master , and his said executors and adminis t ra tors , or those he or they may please to set over him in the said t rade , a i t , business, or occupat ion : t h a t he will a t no t ime absent himself therefrom wi thout proper c o n s e n t ; and t h a t he will not be accessory to , nor commit or permit any h u r t or damage to his said mas te r or his proper ty , nor conceal any such h u r t or damage if known to him, bu t shall do everyth ing in his power to prevent the same ; and tha t for every day 's absence (luring t he said t e rm from a t t en t ion to the said t rade , ar t , business, or occupation, without such consent , he shall
| considered complete unti l the said additional day or days shall have been served. And | serve one day a t the end of each year of his apprent iceship , and such year shall no t be |
| the said mas te r hereby agrees, engages, and binds himself with and to the said apprent ice , and his executors and adminis t ra tors , that he, the said mas te r or his executors or adminis t ra tors , shall, du r ing the aforesaid term, duly teach and ins t ruc t the said apprent ice , or cause him to be t a u g h t and ins t ruc ted , in the t rade , ar t , business, or occupat ion aforesaid, and do his u tmost to make him skilled and expert therein ; and shall also make payment to t he said apprent ice a t the following r a t e of wages per |
, dur ing which he shall diligently and faithfully labour in the said t rade , a r t ,
| business , or occupation, t ha t is to say :— | shillings per | for the first | y e a r ; |
shill ings per for the second year ; shillings per for t he
| third year ; | shillings per | for t he four th y e a r ; | shillings per |
| for the filth year ; | shillings per | for the sixth year ; and | shillings |
| per | for the seventh year from the said | day of | one thousand tune |
hundred . The said apprent ice further agrees with his said mas ter t h a t he will be responsible for all tools, pa t t e rns , and o the r proper ty tha t may be in his charge or under his c a r e ; and tha t in the event of any such tools, pa t te rns , and o the r p roper ty being
damaged
damaged or lost th rough his neglect or default , it shall be lawful for his said master t o deduct a fair charge for t he same from the wages above ment ioned. And tha t in all respects he will conform to the reasonable rules and regula t ions for t he t ime being in force in t h e es tab l i shment of t he said mas te r . And the said and ,
each for himself, his executors and admin is t ra to rs , covenants and agrees with t he other , and his executors and adminis t ra tors , t h a t he shall in all respects well and faithfully observe and perform all t he covenants and a g r e e m e n t s conta ined in these presents on his pa r t to be observed and performed. I n witness whereof the said par t ies to these presents have he reun to set
their hands and seals the day and year first above wri t ten .
Signed, sealed, and delivered by the sa id
in t he p resence of
T H I R D S C H E D U L E . Assignment of the within indenture.
T H E within named mas ter
doth hereby, wi th t he consent of
assign the within i n d e n t u r e and the services t he reunde r of t he within named appren t ice
un to of his executors and adminis t ra tors ,
for the unexpi red port ion of the wi th in-named te rm of years : And the said doth hereby declare his acceptance of such apprent ice , and acknowledges
himself, and his executors and adminis t ra tors , to he bound by the agreements , engage
ments , obligations, and covenants on t he p a r t of the mas te r of such apprent ice , to be done and performed as fully as if he himself had en tered into t he same as a pa r ty unde r
t h a t i n d e n t u r e . I n witness whereof t he par t ies hereto have set the i r hands and seals th is
day of one thousand n ine h u n d r e d
Signed, sealed, and delivered by the "
said or his executors
or adminis t ra tors . M a s t e r .
Consent ing par ty or part ies . Proposed assignee.
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