Co-ordination of Employment Facilities Act of 1941 (6 Geo Vi No. 8) (Qld)
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LABOUR. 6 GEO. VI. No. 8, 1941. Co-ordination of Employment Facilities Act. 101 LABOUR. (1) Oo-ordination of Employment Facilities Act of 1941 .. (2) Income (State Development) Tax Acts Amendment Act of 1941 .. (3) Industrial Oonciliation and Arbitration Acts Amendment Act of 1941 .. (4) Workers' Accommodation Acts Amend- ment Act of 1941 . . (5 ) Workers' Oompensation Acts and Another Act Amendment Act of 1941 6. Geo. VI. No. 8 6 Geo. VI. No. 5 6 Geo. VI. No. 3 6 Geo. VI. No. 1 6 Geo. VI. No. 6 An Act to Constitute the Department of Labour and 6 GEO. VI. • No. 8. Employment; to Make Provision, havIng CO-OR~~ :.ATION in view War and Post-War Requirements, EMPLg~ MENT conduci ve to Placing Workers in Employment FirpKF:s by a Planned Co-ordinated System of Employ- ment Facilities; to Amend "The Labour Exchanges Act of 1915"; to Establish a Juvenile Employment Bureau; and for other incidental purposes. [ASSENTED TO 12TH DECEMBER, 1941.] ·W HEREAS in order to meet the various problems Preamble. which are at present arising and which will continue to arise during the present War, and also those problems which will concern the post-War era, it is desirable that measures should now be devised for establishing a definite plan, by means of the co-ordination and collaboration as between Governmental, semi- Governmental and general community interests of the State, conducive to the proper organisation of the employment-placing agencies of the said State on a sound basis, thereby enabling better provision being made during the aforesaid periods for placing in employment the citizens of this State, including returned members of the Commonwealth Naval, Military, and Air Forces, and munition and other war-workers, and at the same time providing a scheme in aid of juvenile employment generally- Be it therefore enacted by the King's Most Excellent Majiesty, by and with the advice and consent of the
102 LABOUR Co-ordination of EmpZoyment Facilities Act. 6 GEO. VI. No. 8, Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - PllTI.- PRBLIMlNllY. PART I.-PRELIMINARY. Short title. 1. This Act may be cited as " The Co-ordination of Employment Facilities Act of 1941." Commence· 2. (1.) Except where otherwise in this Act provided, mAoetn. t of this Act shall come into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette. Parts, &c., (2.) It shall not be necessary to proclaim that mproaoylbaeimed. the whole Act shall commence on the one date, but the several Parts, sections, and/or part or parts of sections may be proclaimed to commence on such dates as are respectively fixed by Proclamation, and for the purposes of this Act, any reference therein to the commencement of this Act shall mean the date on which the Part, section, and/or part or parts of the section concerned shall be proclaimed as coming into force. Appoint- (3.) Any Order in Council or regulation necessary mOrednetrss, in or expedient to give effect to the objects and purposes Oouncil and of this Act or any Part or section thereof and any regulations. appointment thereunder may be made on the passing of this Act. Parts of Aot. 3. This Act is divided into Parts, as follows : - PART I.-PRELIMINARY; PART n.-CONSTITUTION OF THE DEPARTMENT OF LABOUR AND EMPLOYMENT; PART nI.-AMENDMENTS OF *" THE LABOUR EXCHANGES ACT OF 1915" ; PART IV.-JUVENILE EMPLOYMENT BUREAU. PART II.- CONSTITUTION 011' THB DBPARTMBNT PART n.-CONSTITUTION OF THE DEPARTMENT OF LABOUR 011' LABOUR AND AND EMPLOYMENT. EMPLOYMENT. Designatio n 4. (1.) The name and designation of the" Depart- DofeTphaertment ment· of Labour and Industry" is hereby changed to the of Labour name and designation of the "Department of Labour aEnmdploy. and Employment," and under such designation the ment. Department of Labour and Employment is hereby constituted accordingly. * 6 G. 5 No. 6. See v. 4, p. 757.
LABOUR. 103 1941. Co-ol'dJination of Employmwn.t Facilities Act. PART I1.- CONSTITUTION OF THE DEPARTMENT OF LAROUR (2.) The designation of the" Secretary for Labour EMPL~~ ~ENT. and Industry" is hereby changed to the designation of Designation the "Secretary for Labour and Employment." foofrSLeacbreotuarry The Minister holding the designation of" Secretary ~~ ~ ustry for Labour and Industry" at the commencement of this ;nd ~ nder Act shall without any further or other appointment or ecre ary. authority other than this section be designated the " Secretary for Labour and Employment." The designation of the" Under Secretary, Depart- ment of Labour and Industry," is hereby changed to the" Under Secretary, Department of Labour and Employment." The officer holding the designation of "Under Secretary, Department of Labour and Industry," at the commencement of this Act shall without any further or other appointment or authority other. than this section be designated" Under Secretary, Department of Labour and Employment." (3.) (a) Where by or in or pursuant to any provision qonstruc. of any Act any jurisdiction, power, or authority is or ! ~ ~~ ~ ~n may be conferred or any duty is or may be imposed on other Acts, the Secretary for Labour and Industry and/or the Under &c. Secretary, Department of Labour and Industry, or any reference is made to such Secretary or Under Secretary such provision shall be read and construed as if the Secretary for Labour and Employment or, as the case may be, the Under Secretary, Department of Labour and Employment, were referred to therein in lieu of the Secretary for Labour and Industry or, as the case may be, the Under Secretary, Department of Labour and Industry. (b) Moreover for the purpose of giving effect to but qonstruc- without limiting the generality of this section every ~ ~ : : Cf: ma Act, Proclamation, Order in Council, rule of court, tions, regulation, by-law, or rule ~ade or purportin~ to have g~: ~ ~I: ~C. been made under any provISIOn of any Act prIOr to and in force at the commencement of this Act in which any reference to the Department of Labour and Industry, or the Secretary for Labour and Industry or the Under Secretary, Department of Labour and Industry, occurs, shall be read and construed as referring to the Depart- ment of Labour and Employment or the Secretary for
104 LABOUR. PART II.- CON; : If~ iION Co-ordination of Employment Facilities Act. 6 GEO. VI. No. 8, DEPARTMENT OF LABOUR EMPL~ ~ ~ ENT. Labour and Employment, or the Under Secretary, Department of Labour and Employment, as the case may be. Sampuepbnostiesn.qtu-ent for t(h4.e) Aprnoyvispieornssonofsutbhsiesquseencttliyonapwpoouinldtedhawveho bbeeunt designated "Secretary for Labour and Industry," or " Under Secretary, Department of Labour and Industry," shall be designated "Secretary for Labour and Employment," or, as the case may be, " Under Secretary, Department of Labour and Employment." PART III.- AMENDMENTS OLFAB.. OTUHRE PART III • -AMENDMENTS OF *" THE LABOUR EXCHANGES EXCHANGES ACT OF 1915." ACT OF 1915 • " Construe- 5. (1.) *" The Labour Exchanges Act of 1915" is ~ ~ ~ ~ iI. in this Part of this Act referred to as the Principal Act. This Part of this Act shall be read as one with such Principal Act. Collective (2.) The Principal Act and this Part of this Act titl . may collectively be cited as" The Employment Exchanges Acts, 1915 to 1941." Amendments of the Principal Act. tAomtietnled. ment " LA 6 B . OUTRh" e atnitdle thies waomrednd" eEdMPbLyOYoMmEitNtiTn"g isthiensweroterdd in lieu thereof. Amendment 7. (1.) In section one of the Principal Act the words ttiotlseh(osr.t 1). *" " The Labour Exchanges Act of 1915 " " are repealed and the words t"" The Employment Exchanges Acts, 1915 to 1941," " are inserted in lieu thereof. Construction of other (2.) Where in any other Act, Proclamation, Order Acts. in Council, rule of court, regulation, by-law, or rule reference is made to a State Labour Exchange such reference shall be read and construed as a reference to a State Employment Exchange constituted under t" The Employment Exchanges Acts, 1915 to 1941"; and where any such reference is made to *" The Lahour Exchanges Act of 1915" such reference shall be read and construed as a reference to t" The Employment Exchanges Acts, 1915 to 1941." * 6 G. 5 No. 6. See v. 4, p. 757. t 6 G. 5 No. 6 as amended by this Act. See v. 4, p. 757.
LABOUR. 105 PART III.- 1941. Co-ordination of Employment Facilities Act. A~ ~ NH~ ~ ~ s LABOUR EXCHANGES 8 . ( 1. ) S ectl · On two 0 f t h e P r ' mC . lpa I Act' IS amen d e d A AC m T e O n F d 1 m 91 e 5 n . t " as follows : - of s. 2. (a) A new definition "Director of Employment" ~~ ~~~ {e. is inserted in the said section after the definition of "Director," as follows : - " " Director of Employment "-The person Director holding or performing the duties for the of E:nPloY, time being of, the office of Director of men . Employment under this Act." (b) The following new definitions are inserted after the definition of "Employer," as follows:- " " Employment Exchange Board" or " Board "- Employment An Employment Exchange Board constituted ~ ~ ~ ~ ~ ~ e under this Act: the term also includes a Board. member or officer of any such Board; "Employment officer "-The officer who for the Employment time being is holding the office of labour officer. agent in respect of any district: the term also includes any person other than the labour agent who may be specifically appointed employment officer; " Industry Committee "-An Industry Committee Industry constituted under this Act: the term also Committee. includes a member of any such Committee." (c) The following new definitions are inserted after the definition of " Licensee," as follows : - " " Local Authorities Acts" - *" The Local Looal Government Acts , 1936 to 1940 , " or any Act AAouttsh. orities amending or in substitution for such Acts: the term also includes t" The Oity of Brisbane Acts, 1924 to 1940," or any Act amending or in substitution for such Acts; " Local Authority" - A Local Authority Looal constituted under the Local Authorities Acts: Authority. the term includes Brisbane City Council; " Local body" - Any Local Authority, Local body. corporation, or Board constituted or appointed under the authority of an Act and charged with the collection or administration of moneys for any purpose *1 G. 6 No. 1 and amending Acts. See v. 5, pp. 826 et Beg. t 15 G. 5 No. 32 and amending Acts. See v. 10, pp. 6 et Beg.
106 LA.BOUR. PART III.- .Al O !E F N " D T H H EN E TS Co-ordination of Employment FaciUties Act. 6 GEO. VI. No. 8, LABOUR EXOHANGES ACT OF 1915." of local concern: the term also means and includes a "local body" within the meaning of *" The Local Bodie8' Loan8 Guarantee Acts, 1923 to 1936," or any Act amending or in substitution for the same or deemed to be a "local body" under such Acts by any statute or law." [Minister.] (d) The definition of "Minister" is repealed and a new definition "Minister" is inserted in lieu thereof, as follows:- " " Minister" - The Secretary for Labour and Employment or other Minister of the Crown charged for the time being with the administration of this Act." (e) The following new definitions are inserted after the definition of "Private employment exchange," as follows : - State Employment Council or Council. " "State Employment Council" or "Council"- The State Employment Council constituted under this Act: the term al80 includes a member or officer of the Council ; State Employment Exchange. "State Employment Exchange" - A State Employment Exchange constituted under this Act; State Employment Exohange District or District. "State Employment Exchange District" or " District "-A State Employment Exchange District constituted under this Act." (f) The definition of " The department" is repealed and a new definition is inserted in lieu thereof, namely :- The department. " " The department "-The Department of Labour and Employment or any department in which this Act is for the time being administered." This Act. (g) The definition of" This Act" is repealed and a new definition is inserted in lieu thereof, namely :- " "This Act "-This Act and all Orders in Council, regulations, and rules made thereunder." Existing , mcers. (2.) The Director of Labour and other officers holding office at the commencement of this Act shall, subject to this Act, continue in office without any further or other appointment. • 14 G. 5 No. 8 and amending Act. 8ee v. 5, pp. 1073 et 8eq.
LABOUR. 107 PART III.- 1941. Co-orddnatirm of Employment Facilities Act. AMENDMENTS OF" THE LAROUR EXCHANGES 9 A new sect I·on 2 A I . S . Insert ed after sect'IOn t wo 0 f N AOT OF 2 1915." the Principal Act, as follows :_ ew B. A. " [2A.] (1.) For the purposes of this Act the Constitution Governor ~ n Cou~ cil shall by Order in Council establish ~~; ~~ent a Council, whICh shall be called the " State Council. Employment Council" (hereinafter in this Act referred to as the" Council "). (2.) (i.) The Council shall be comprised of the Members. following members, namely:- (a) The Minister for the time being who shall ex officio be a member; (b) The Director of Employment for the time being who shall ex officio be a member; (c) The Co-ordinator-General of Public Works who shall ex officio be a member; (d) The Director of the Bureau of Industry and Government Statistician who shall ex officio be a member; (e) The Director-General of Education who shall ex officio be a member; (f) Two workers' representatives elected in that behalf as prescribed by regulations by the executives of the industrial unions of employees registered under *" The Industrial Conciliation and Arbitration Acts, 1932 to 1938," and appointed by the Governor in Council: Provided that any individual industrial union of employees herein referred to shall not have more than one representative on the Council; (g) Two employers' representatives elected in that behalf as prescribed by regulations by the executives of the industrial associations, unions, and organisations of employers in the State registered under *" The Industrial Conciliation and Arbitration Acts, 1932 to 1938," and appointed by the Governor in Council: Provided that any individual industrial association, or union, or organisation of employers herein referred to shall not have more than one representative on the Council; • 23 G. 5 No. 36 and amending Acts. Soo v. 4, pp. 1020 et seq.
108 LABOUR. PART III.- AM O E F ND .. M T E H N E TS Co-ordination of Employment Facilities Act. 6 GEO. VI. No. 8, LABOUR EXCHANGES ACT OF 1915." (h) A representative of Brisbane City Council other than an alderman thereof nominated by the Mayor and appointed by the Governor in Council; (i) A member representative of returned sailors, soldiers and airmen, and appointed by the Governor in Council. Associate (ii.) The Governor in Council may appoint to the members. Council as associate member or members thereof such person or persons as he may from time to time determine. Director of (3.) The Director of Employment shall be executive !mteloyment officer of the Council. executive officer of the Council. Provision as to workers' and employers' representa- tives. (4.) For the purpose of the election of workers' representatives and employers' representatives, respectively, each union, association, or organisation of workers or employers, respectively, shall by its executive have votes proportionate to the respective numbers of members of such association, union, or organisation at the date of the voting. The workers' representatives and the employers' representatives shall, respectively, be so appointed for a period of three years, but shall be eligible for re-election and reappointment: provided that the executives respectively electing such representatives may at any time terminate his office whereupon a casual vacancy shall be deemed to have arisen: Provided however that casual vacancies arising from :any cause whatsoever shall be filled as they arise by the appointment of a representative on the like election to hold the office of the representative who has vacated office. (5.) The Council may make rules with respect to its meetings and governing the procedure thereat, and with respect to the conduct of the business of the Council generally. (6.) Notwithstanding anything to the contrary contained, the regulations under *" The Unemployed Workers Insurance Acts, 1922 to 1936," for the time being in force for the election of a representative on the * 13 G. 5 No. 28 and amending Acts. See v. 4, pp. 939 et 8eq.
LABOUR. 109 PART III.- 1941. Co-oriNnation of Employment Facilities Act. Unemp1oyment Council may be ut I' llsed WI' th AMENDMENTS OF" THE LABOUR EXCHANGES such ACT OF 1915." modifications as may be necessary or convenient for the purposes of this Act and to the intent that such elections under this Act and under *" The Unemployed Workers Insurance Acts, 1922 to 1936," may be held at the same time and in the same manner. Moreover any person may be elected a representative on both the Unemployment Council under the last- mentioned Act and on the Council under this Act. (7.) If any body or person refuses or fails to Where no nominate a representative or if the executives of the nomlinat~ion I.ndustrI.a I unI . Ons 0 f emp1oyees or t he executI.ves 0 f t he o o f r reeepcrelsOenn· industrial associations, unions, and organisations oftatives. employers refuse or fail to elect their representatives to the Council or if any representative refuses or fails to act as a member of such Council the Governor in Council may without nomination or election appoint any person or persons to be a member or members of the Council; and any person so appointed shall for all purposes be deemed to have been duly appointed as a member of the Council. (8.) Any person who has his affairs under liquidation Disqualifi. or is an uncertificated or undischarged bankrupt or cations. insolvent, or has been convicted of an indictable offence or is undergoing sentence of imprisonment, or becomes mentally sick shall be disqualified from being appointed or from continuing as a member of the Council. (9.) The Minister shall be the chairman of the Chairman C t ooubnecvill.C. e-cThhae'IrmCoaunn. cil shall appoint a member thereof cahanldr. mvicaen·. (10.) In the absence of the chairman the vice- Absence of chairma 1 shall preside at the Council and shall during chairman. such absence have, exercise, and perform the powers, authorities, duties~ and functions· of the chairman. (11.) In the absened of the chairman and vice- Absence of chairman from any meeting the members of the Council chairI?an present at the meeting shall elect a member (' lthe Council : ~ ~i; :: ~ . to act as chairman for the meeting, ana while such member so acts he shall have, exercise, and perform the powers, authorities, duties, and functions of the chairman. '" 13 G. 5 No. 28 and amending Acts. Bee v. 4, pp. 939 ee Beq.
110 LABOUR. PART III.- AMOEFND"MTEHNETS Co-ordination of Employment Facilities Act. 6 GEO. VI. No. 8, LABOUR EXOHANGES ACT OF 1915." Vacation of ( 12.) The office of member of the Council (other than office. ex officio members) shall be vacated- (a) If he is or has become disqualified under this Act; or (b) If without leave obtained from the Council in that behalf he has been absent from more than three consecutive meetings of the Council; or (c) Upon death or resignation. Resignation. (13.) Any member (other than an ex officio member) may resign his office as a member by notification in writing to the chairman of the Council, who shall submit such resignation to the Governor in Council for acceptance. Vacancies. (14.) During any vacancy in the office of any member the continuing members of the Council shall act as if no such vacancy existed: Provided that where any member other than an ex officio member is appointed to fill any vacancy the successor appointed to fill the vacancy shall be appointed for the remainder of the term of office of the member to whose office he is appointed. Temporary (15.) Subject to the provisions of subsections ten : : ! ~ : : s. of and eleven of this section, in any case where it will not be possible for a member of the Council to attend any meeting thereof- (a) The Minister may appoint in writing a person to act and vote as his representative thereat; (b) In the case of any other ex officio member, such ex officio member may, with the approval of the Minister, appoint in writing any person to act and vote as his representative thereat; and (c) In the case of any other member, the authority electing or appointing him (as the case may be) may appoint in writing a person to act and vote as his representative thereat." New B. 2B. Delegation of powers. 10. The following section 2B is inserted after section 2A previously inserted, as follows : - " [2B.] With the approval of the Governor in Council any ex officio member may from time to time delegate any of his powers, authorities, duties, and functions to
L.ABOUR. 111 PART m.- 1941. Oo-ordJinati(Jlfl, of Employment Facilities Act. .AlIt:lINDlIIENTS OF "THE LA.BOUR EXOHA.NGES some 0 fficer 0 f the P ublic Servl· Ce, and dur' mg suchpe'nod ACT 011' 1915." while such delegation is in force such officer shall have, exercise, and perform such powers, authorities, duties, and functions so delegated of such ex officio member . accordingly: provided that the Governor in Council may at any time cancel such delegation and, in such case, such ex officio member shall resume and continue his powers, authorities, duties, and functions as member of the Council." 11. The following new section 20 is inserted after New B. 20. section 2B of this Act previously inserted, as follows : - "[20.] (1.) It shall be the general duty of the Council Po,!ers and to attain efficient co-ordination of employment-placing g~ : : t agencies of the State with a view to effecting as far as . possible the principle of the "right to work" for the workers of the State. For the purposes of this Act" employment-placing agencies" mean the State Employment Exchanges, private employment exchanges, as well as any Crown corporation or Crown instrumentality, local bodies, industrial unions of employees, industrial associations, unions, and organisations of employers, and individual employers generally. (2.) The Council may- (a) Formulate generally proposals for co-operation and co-ordination of employment-placing agencies and make recommendations in regard thereto; (b) Inquire into and consider what are the most effective measures to be taken for temporarily or permanently reducing or eliminating unemployment and/or encouraging employ- ment within the State or any part thereof; (0) Obtain and disseminate information on all matters connected with industrial occupations and the callings of workers, with a view to improving the industrial relationship between workers and employers, lessening the evils of unemployment, and the encouragement of employment: and in this regard, advise unemployed workers as to the location of possible employment in the State;
112 LABOUR. PART IlI.- AM O E F N " D T M H EN E TS C a-o d r ' 1,na t w . n 0 f E mp oym l ent " Fa.c1,ltfw . s Act. 6 GEO. VI. No. 8, LABOUR EXCHANGES ACT OF 1915." (d) Consider and report to the Governor in Council upon the industrial efficiency of the community, the organisation of the labour market, and opportunities for employment and all matters and questions relating to unemployment, and in this connection may co-operate with the Unemployment Council constituted under *" The Unemployed Workers Insurance Acts, 1922 to 1936" ; (e) Consider and report to the Governor in Council upon the working of the State Employment Exchanges and make any recommendation deemed necessary for their improvement and extension; (j) Submit information or suggestions to the Chief Secretary in respect of national works projects for consideration by the Commonwealth Government; (g) With the approval of the Governor in Council and for the purposes of co-ordination, collaborate with the Commonwealth Govern- ment in respect of works generally and matters concerning the existing War and subsequent post-War requirements; (h) Submit to the Co-ordinator-General of Public Works recommendations or suggestions for works with a view to the creation of further employment, also co-operate with the Co-ordinator-General with a view to preventing or minimising overlapping and/or duplication of enquiries into works in the various districts; (i) With the approval of the Governor in Council make rules to give effect to their powers under this Act. Further powers of Counoil. (3.) In addition to the powers and authorities hereinbefore set forth, the Council shall be entrusted with the following powers, functions, duties, and enquiries, namely :- (a) Make recommendations to the Governor III Council as to the measure of preference in employment which should be given to • 13 G. 5 No. 28 and amending Acts. See v. 4, pp. 939 et 8eg.
LABOUR. 113 1941. PART Ill.- Co-ordination of Employment Fac·ilities Act. AMENDMENTS OF .. THE LABOUR EXOHANGES AOT OF 1915." returned members of the Commonwealth Naval, Military, and Air Forces and as to the training facilities in land occupations and in skilled trades and callings which should be provided for them; (b) The general control, management, and supervision of the State Employment Boards and/or Exchanges; (c) The giving of advice and information to the State Employment Boards and/or Exchanges and assisting such exchanges to properly perform their functions and duties; (d) To analyse any proposals or recommendations received from the State Employment Boards and/or Exchanges dealing with the subject of employment and industry generally; (e) To encourage and assist in the establishment in different industries of mutual welfare committees and industrial councils and of subsidiary shop committees for individual enterprises; (f) Employment and unemployment generally and in particular industries and localities and, in particular, the bringing together of intending employers and persons seeking employment, and the making known of opportunities for self-employment in the State; (g) To investigate and report on the existence of sweating or unfair competition in industry ; (h) Matters and things in relation to the spreading of work over the State, and the mobility of labour generally; (i) The general supervision, inspection, and regulation of private employment exchanges; (j) The carrying-out of any other duties as may be prescribed or directed by the Minister ; (k) Co-operation with and assistance to and the making of recommendations to the Juvenile Employment Bureau and, if necessary, the consultation with such Bureau and/or officers of the Department of Public Instruction in regard thereto ;
114 LABOUf· PART 111.- AM O EN F D " M T E H N E TS Co-ordtination of Em1pZoyment Facilities Act. 6 GEO. VI. No. 8, LABOUR EXCHANGES ACT OF 1915." (l) Co-operation and consultation with the Department of Public Instruction with regard to vocational guidance; (m) Co-operation and consultation with the Director of the Bureau of Industry and Government Statistician in regard to the furnishing of statistics to the Council by the said Director and Statistician, and without limiting the generality of the provisions of this paragraph, as to information and statistics concerning the economic conditions of the State, including such matters as income production, industrial efficiency of the community, and generally; (n) Co-operation and consultation with or the submission of recommendations to the Director-General of Health and Medical Services in respect of the matters and things referred to in Division IX.-Industrial Hygiene-of Part Ill. of *" The Health Acts, 1937 to 1941 " ; (0) Co-operation and consultation with the Apprenticeship Executive or any Group Apprenticeship Committee or Advisory Committee established under t" The Apprentices and Minors Acts, 1929 to 1934," in regard to employment-placing of minors and apprentices, and generally; (p) To give consideration to the question of the introduction of a system of the classification of unskilled labour and also providing" short course " training or necessary training courses in certain callings where deemed advisable and, if necessary, the co-operation with the Department of Public Instruction in this regard; (q) To give consideration to the placement in employment of workers who, although advanced in years, are still useful and efficient owing to their long and varied experience. Committees. (4.) The Council may from time to time constitute a Committee or Committees of the Council." .. 1 G. 6 No. 31 and amending Acts. See v. 3, pp. 891 et Beg. t 20 G. 5 No. 37 and amending Acts. See v. 4, pp. 663 et Beg.
LABOUR. 115 PART III.- 1941. Ca-ard~natiO'n af Employmem,t Facilities Act. A~ ~ NH~ ~ TS ~ __ ~ _ ~ ~ _ ~ ~ ~ _______ ~ _ _ _ LABOUR EXCHANGES 12. A new section 2n is inserted after section 2c ACT OF 1915." of this Act previously inserted, namely:- New 8. 2D. " [2n.] Every department of the State or the Co- . P U bl1' 0 SerV' 10e and every Crown corpora t' IOn or Crown owpiethratIOn instrumentality, and every local body shall, subject to departments the approval of the Minister, co-operate with the Council ~ ~ ~ ~ ~ : l in carrying out this Act. bodies. And without limiting the generality of this provision the Council shall have full power and authority to consult and make use of the services in his official capacity of any officer of a department of State or the Public Service or Crown corporation or Crown instrumentality, or any officer of a local body on the matters generally embraced within the purview of this Act. And it shall be the duty of any officer of such department of State, or the Public Service, or Crown corporation, or Crown instrumentality, or any officer of such local body to make himself available for consultation with and to place himself at the disposal of the Council and to assist it whether by statistical, technical, financial, or other information whatever which may be in the possession of or available to or obtajnable by such officer in his official capacity and which n the opinion of the Council may be necessary for the information or assistance of the Council in the proper administration of this Act: Provided that the consent of the Minister administering such department, Crown corporation, or instrumentality and in the event of a local body, of the managing council, or executive, or director, shall be first had and obtained: Provided further, that if circumstances render it impracticable for any such officer to attend any particular meeting of the Council, the Minister administering such department, Crown corporation, or instrumentality, or in the event of a local body, the managing council, or executive, or director, shall depute some other officer to so attend in his place." 13. A new section 2E is inserted after section 2n New s. 2E. of the Principal Act previously inserted, namely :- " [2E.] For the more effectually performing its Co- . functions, powers, and authorities the Council shall ~ : ~ atIOn co-operate with the Bureau of Industry constituted Bureau of under *" The Bureau of Industry Acts, 1932 to 1935," l~~ u8try. * 23 G. 5 No. 25 and amending Acts. See v. 4, pp 160 et Beg.
116 LABOUR. PART III.- A~ ; N} ? ~ TS Co-ordination of Employment Facilities Act. 6 GEO. VI. No. 8, LABOUR EXCHANGES ACT OF 1915." the Co-ordinator-General of Publio Works constituted under *" The State Development and Public Works Organisation Acts, 1938 to 1940," and the Corporation of the Bureau of Rural Development constituted pursuant to t" The Rural Development Oo-ordination of Advances Act of 1938," and the Unemployment Council constituted under t" The Unemployed Workers Insurance Acts, 1922 to 1936," and the said Bureau of Industry, Co-ordinator- General, Bureau of Rural Development, and Unemploy- ment Council shall co-operate with and aid the Council in the administration of this Act accordingly." New s. 2F. 14. A new section 2F is inserted after section 2E of the Principal Act previously inserted, as follows :- Powers of delegation. "[2F.] (1.) For the purposes of carrying out the objects and purposes of this Act and its powers, duties, and responsibilities thereunder the Council is hereby authorised to delegate to any Committee of the Council, or to any Board constituted in respect of any State Employment Exchange District or to any member or members of the Council or of any such Board, or to any other person the conduct of any inquiry or investigation, and may require such Committee, Board, member, or person to submit the evidence taken thereat, together with a report thereon, to the Council. Council and (2.) For the purposes of this Act, the Council or :t:elegate Committee thereof, or any Board constituted in respect oomn!sion. of a State Employment Exchange District, or member or members of the Council, or of any such Board, or any person to whom the Council has delegated the conduct of any inquiry or investigation shall be deemed to be a commission within the meaning of §" The Official Inquiries Evidence Acts, 1910 to 1929," and all the powers, authorities, and protection afforded by that Act shall apply and extend to the Council or any Committee thereof, the Board, the member or members of the Council, or of any such Board, or any person to whom the Council has delegated the conduct of any inquiry or investigation as aforesaid. (3.) Every delegation under this section shall be revocable at the will of the Council, but no delegation shall prevent the exercise of any power, duty, function, or authority of the Council." • 2 G. 6 No. 3 and amending Acts. See 1~38 Sess. v., pp. 17365 et 8eg. t 14 G. 5 No.- 41 and amending Acts. See 1938 Sess. v., p. 17384. ~ 13 G. 5 No. 28 and amending Acts. See v. 4, pp. 939 et 8eq. § 1 G. 5 No. 26 and amending Acts. See v. 3, pp. 439 et 8eq.
LABOUR. 117 PART IlI.- 1941. Co-ordination of Emp,zoyment Facilities Act. AMENDMENTS OF" THE LABOUR EXOHANGES 15. Section three of the Principal Act is repealed ~OT OFl 1~ 15. " and the following sections 3, 3A, and 3B are inserted in s. ef~ ~ do new lieu thereof, namely :- SI!. 3, 3A, and 3B. "[3.] There shall be constituted from time to time Constitution Str by the Governor in Council by Order in Council published ;1 te t in the Gazette districts to be styled " State Employment Er:Jh~! ; ;en Exchange Districts" (referred to herein as " districts "). Districts. Such districts shall be as prescribed and shall comprise the Local Authority areas or parts of such areas within such districts. Districts designated the Brisbane, Ip5wich, Toowoomba, Warwick, Goondiwindi, Dalby, Roma, Charleville, Gympie, Maryborough, Bundaberg, Rock- hampton, Emerald, Longreach, Mackay, Bowen, Townsville, Ingham-Innisfail, Charters Towers, Clon- curry, and Cairns districts (being designated subject to this Act after the name of the city or town at which an Employment Exchange Board hereafter referred to shall be established in the district concerned) shall in the first instance be so constituted: Provided that the Governor in Council may from time to time create, by Order in Council, such further or other districts, or may in like manner amend or abolish any district or districts or amalgamate into one district any existing district or part thereof with any other district or districts or part or parts thereof as he shall deem fit: Provided further, that the name of any such further district so constituted shall subject to this Act be designated by the name of the town in the district concerned at which an Employment Exchange Board shall be constituted. [3A.] The Governor in Council may establish, Establish- maintain, and conduct in the manner prescribed free : .e~ t of Employment Exchanges in any district within and E!;'oyment under the Department. Such exchanges shall be known Exchanges. as "State Employment Exchanges" : Provided that any exchanges styled "Labour Exchanges" existing at the commencement of *" The Co-ordination of Employment Facilities Act of 1941" shall, subject to the provisions of t" The Employment Exchanges Acts, 1915 to 1941," continue so to exist and ... This Act. t 6 G. 5 No. 6 as amended by this Act. See v. 4, p. 757.
118 LABOUR. PART III.- ~ : ~ ~ ~ : TS Co-ordination of Employment Facilities Act. 6 GEO. VI. No. 8, LABOUR EXCHANGES .ACT OF 1915." be and be deemed State Employment Exchanges until altered in accordance with the provisions of such last- mentioned Acts. Appoint- ment of officers. [3B.] The Governor in Council may from time to time appoint an officer to be called the "Director of Labour," also an officer to be called the "Director of Employment," a secretary to the Council, an employment officer, and/or secretary in respect of any Employment Exchange Board and such other agents and officers as may be necessary for the effectual administration of this Act. Any such appointment may be held by the appointee in conjunction with any office in the Public Service or under any Crown corporation or Crown instrumentality for the time being held by him: Provided always, that the Minister may from time to time without any further or other appointment authorise and instruct any inspector, investigating officer, or any other officer appointed under or for the purposes of the Department of Labour and Employ- ment and/or the Acts and regulations administered or to be administered by such department to act as or perform any of the duties of an employment officer, or secretary, or any other officer under this Act, and either solely for the purposes of this Act or in conjunction with any office for the time being held by such officer, and any such inspector or officer while so acting or performing such duties shall be and be deemed an employment officer, or secretary, or other officer under this Act as the case may require." Repeal of 16. Section four of the Principal Act is repealed 8. 4 and and the following sections 4, 4A, 4B, and 40 are inserted n 4A ew , 4 B B S , . a 4 n , d I • n lI' eu t hereo f , name1y : - 4 A c p . point- " [4.] (1.) For the more effectual administration of ment of the State Employment Exchanges there shall be ~ mhloyment constituted by the Governor in Council by Order in B~ ~ r: ~ ge Council Employment Exchange Boards (any such Board so constituted being herein referred to as the" Board ") which shall be comprised of the following persons, namely:- (a) The employment officer for the time being who shall ex officio be member and chairman of the Board: . Provided that in the Brisbane District the Director of Employment for the time
1941. LABOUR. 119 PART m- Co-ordination of Employment Facilities Act. AIIIENDMENTS OF "THE LABOUR EXCHANGES bem· g shaII be ex 0.. nu: .cw . member and chal.l'man ACT OF 1915." of the Board; (b) Two workers' representatives elected in that behalf as prescribed by regulations by the executives of the industrial unions of employees registered under *" The Industrial Oonciliation and Arbitration Acts, 1932 to 1938," and appointed by the Governor in Council: Provided that any individual industrial union of employees herein referred to shall not have more than one representative on anyone Board unless the Order in Council constituting the Board exempts the Board from the operation of this proviso; (c) One employers' representative elected in that behalf as prescribed by regulations by the executives of the industrial associations, unions, and organisations of employers in the State registered under *" The Industrial Oonciliation and Arbitration Acts, 1932 to 1938," and appointed by the Governor in Council; (d) A representative of a Local Authority or Local Authorities the area or areas of which or part or parts of the area or areas of which is or are in the district for which the State Employment Exchange is constituted elected in that behalf by the Local Authority or Local Authorities concerned in the manner prescribed and appointed by the Governor in Council: Provided that the Director of Employment for the Director of time ~ eing shall ex officio be a member of any Board so ! ~ ~l= ~: constItuted. member of any Board. (2.) A Board shall be constituted in the first instance Where Board at Brisbane, Ipswich, Toowoomba, Warwick, Goondi- constituted. windi, Dalby, Roma, Charleville, Gympie, Maryborough, Bundaberg, Rockhampton, Emerald, Longreach, Mackay, Bowen, Townsville, Charters Towers, Cloncurry, and Cairns in respect of the districts so designated as hereinbefore referred to. In respect of the Ingham- Innisfail district, the Board shall be constituted at such town in such district as prescribed. Moreover the Governor ID Council may by Order in Council from time * 23 G. 5 No. 36 and amending Acts. See v. 4, pp. 1020 et 8eq.
120 LABOUR. PART III.- ~ ~ NH~ ~ ~ TS Co-ordination of Employment Facilities Act. LABOUR EXCHANGES 6 GEO. VI. No. 8, ACT OF 1915." to time constitute a Board or Boards at the prescribed town in respect of any further district constituted as hereinbefore provided; Provided that in the case of any alteration, abolition or amalgamation in respect of any district or districts the Order in Council concerned shall specify at what town in the district concerned the Board shall be constituted therefor. Additional . appoint- ments. (3.) The Governor in Council may from time to time appoint to any particular Board such additional person or persons as associate member or members as he shall think fit and proper. ~ ex : e ! c e u ~ t ° i F v o e ~ ~ t be ex( 4e. c)ut ~ I h v e e 0effimceprloy 0 mf etnhte 0Boffaicrerd ocof necaecrhned. Board shall officer of Board. Committees. (5.) A Board may from time to time constitute a Committee or Committees of the Board. Applic~ t~ on [4A.] The provisions of subsections four to ~ : b~ ~ ~ ~ fns fifteen of section 2A and the provisions of sections to Board. 2n, 2E, and 2F applying to the Council shall with any modifications as may be necessary, mutatis mutandis, apply in respect of the various matters and things as set forth therein to each Board. Functions of Boards. [4B.] A Board shall have and exercise the following powers, authorities, duties, and functions, namely;- (a) To co-operate with and to conform to any instructions of the Council, and to undertake any matter or thing or any investigation or inquiry submitted to it by the Council ; (b) To take all necessary action whereby the fullest co-operation may exist between the Board, unions of employees, associations, unions, or organisations of employers, individual employers, Local Authorities, local bodies, and other employment agencies as hereinbefore defined; (c) To establish and maintain public confidence in the State Employment Exchanges with a view to their free use by and concomitant usefulness to both employers seeking employees and workers seeking employment;
1941. LABOUR. 121 - - - - - - - - ~ - - - - - Co-ordination of Employment Facilities Act. A; tE~ D~ ~ ~ S OF" THll LABOUR (( I) T 0 aI·m as f: ar as POSS ' l ble t 0 supp1y SUI 'table A E C X T COHFA1N9G1ll5S. " and efficient workers to employers seeking employees, and to that end have particular regard to the employee most suitable or fitted for the particular class of work; (e) To establish a system of classification with special reference to unskilled workers; (f) To establish and maintain the State Employment Exchanges as liaison organisa- tions between employers and workers in respect of employment-placing; (g) Endeavour as far as practicable to give practical application of the principle of the "right to work" ; (h) Investigate and advise on possible avenues of employment for seasonal workers, especially in those periods when work is not offering to an employee in his particular calling ; (i) To endeavour as far as possible to assist in the maintenance of employees in full-time employment in the district of the State Employment Exchange concerned; (j) To endeavour to maintain continuity of work in the various portions of the district of the State Employment Exchange concerned; (k) To co-operate with and assist any other State Employment Exchange or, if approved by the Council, a licensed private employment exchange; (l) Co-operate and consult with the Apprenticeship Executive or any Group Apprenticeship Committees or Advisory Committee established under *" The Apprentices and Minors Acts, 1929 to 1934/' in regard to employment-placing of minors and apprentices and generally, and in that regard endeavour to the fullest extent to secure employers willing and able to indenture apprentices in the trades or callings in which apprentices may be indentured. In this • 20 G. 5 No. 37 and amending Acts. S4e v. 4, pp. 663 et 8eq.
122 LABOUR. A P M A E R N T D I M I E I N . T - S Co-ordination of Employment Facilities Act. 6 GEO. VI. No. 8, OF" THE LABOUR EXCHANGES ACT OF 1915." connection the Board shall as far as possible so to do ensure that the person recommended by it to an employer as an apprentice shall be suitable and qualified to be appointed as such apprentice; (m) To advise the Council regarding any local works in the district of the Board concerned which could with advantage both to the district and as an aid to further employment therein be undertaken by Local Authorities or other local bodies ; (n) Co-operate with the Juvenile Employment Bureau and, if necessary, consult with the Council and, with the consent of the Council, with the Department of Public Instruction in regard thereto; (0) Consult with the Juvenile Employment Bureau and/or Department of Public Instruction regarding vocational guidance; (p) Give special consideration to female employment generally; (q) Make recommendations to the Council in regard to any specific matter or thing which the Board may consider necessary or desirable in effecting the purposes of this Act ; (r) To carry out any other duties as prescribed or as may be directed by the Minister. Industry [4c.] (1.) For the purpose of assisting the Council Committees. and/or any Board in the exercise and performance of its powers, authorities, and functions under this Act, the Governor in Council may, from time to time, constitute an Industry Committee or Industry Committees. Such Industry Committee may be constituted in respect of any prescribed district. ~onstitution (2.) Any such Industry Committee shall be con- I p D arrteiscpuelcatr of S tI't U t ed I.n respect 0 f any part l ' CU I ar I . ndust ry, or I.n industry. respect of any particular trade or calling or in respect of a group of trades or caUings, and to the intent that more than one such Committee may be constituted in respect of any particular district.
LABOUR. 123 1941. Co-ordination of Employment Facilities Act. PART III.- AMENDMENTS OF" THE LABOUR (3.) (a) Each such Committee shall consist of three ! c; ~ A: fg~ ~ ~ .. members appointed by the Governor in Council and Members. shall be representative of the particular industry, or trade or calling or groups of trades or callings in respect of which such Committee is constituted. Any member or members of the Council and/or Board may be appointed a member or members of any such Committee: Provided that the Governor in Council may appoint two persons who may be well versed in the particular industry, trade, or calling or groups of trades or callings concerned to be associate members of the Committee. (b) Any member of the Committee shall hold office Tenure. for three years but shall be eligible for reappointment. (c) For the purposes of this Act, any such *Industrial Construction Committee shall be deemed to be a Committee of the of term. Council and/or Board. (4.) An *Industrial Committee shall collaborate with Duties. and generally assist the Council and/or Board concerned in respect of the particular industry, trade, or calling, or groups of trades or callings for which it has been constituted, and shall undertake, exercise, and perform such other powers, duties, and functions as may be requested by the Council, or by the Minister, or as may be prescribed." 17. Section five of the Principal Act is amended as Amendment follows: In subsection one the words "State Labour ofs. 5. Exchange" where they twice occur are repealed and the words" State Employment Exchange" are respectively inserted in lieu thereof. 18 Paragraph (a) of section six of the Principal Act Amendment is repealed and the following paragraph (a) is inserted in of s. 6. lieu thereof, namely :- " (a) Knowingly makes any false statement or false representation to the Council or to any member thereof or to the Director or to the Director of Employment or any other officer thereof or to any State Employment Exchange or to an employment officer or any other officer thereof or to any Board or member or officer thereof or to any Industry Committee or member thereof or to any person acting * Sic in Gazette; 8emble" Industry."
124 LABOUR. APMAERN' ! D' IMIBIN. T-S Co-ordination of Employment Facilities Act. 6 GEO. VI. No. 8, OF" THE LABOUR EXCHANGES ACT OF 1915." for or for the purpose of such Council, Employment Exchange, Board, or Committee, with intent to obtain employment or to procure employees; or." New BS. 17A 19. Two new sections, 17 A and 17B, are inserted and 17B. after section seventeen of the Principal Act, as follows ; - When Acts "[17A.] No act, matter or thing or proceeding oorf CBoouanrdcil purporting to be authorised by the Council or by any or Industry Board or Industry Committee shall be held invalid by nCootmimnviattleide. reason that the Council or, as the case may be, the Board or Committee concerned was not properly constituted or by reason of any invalidity or irregularity in the appointment or election, as the case may be, of any member or members of the Council or Board or Committee concerned or by reason of any irregularity or defect in the constitution of any district. General powers. [17B.] In addition to and without in any way limiting the powers of the Governor in Council or the Minister under this Act, the Governor in Council is hereby empowered from time to time by Order in Council to issue such orders and give such directions and prescribe such rules as will in his judgment be calculated to safeguard the requirements and well-being of the people and to give full effect to the provisions of this Act; and every such order, direction, and rule shall be obeyed." oAfms. en2d0m. ent of th 2 e 0 P . riAncinpeawl Asuctb, seacstfioolnloiws sa; d-ded to section twenty Eviden<;e in "(2.) In any proceedings for an alleged offence proceedmgs. against this Act it shall not be necessary to prove the appointment of the Council or the members or any Committee thereof, or any Board or the members thereof, or any Industry Committee or the members thereof, or the Director or Director of Employment or any employment officer, or the authority of the Council or member or Committee or officer thereof, or of the Board or member or officer thereof, or Industry Committee or member thereof or the Director or the Director of Employment or any employment officer or other officer under this Act to do any act or to give any direction or to issue or serve any notice or to take any proceedings." And section twenty of the Principal Act is renumbered subsection one of section twenty accordingly.
LABOUR. 125 1941. Co-ordination of Emp~ oymcnt Facilities Act. PART III.- AMENDMENTS OF" THE LABOUR 21. (1.) Section twenty-one of the Principal Act lo; ~ ~ Af~ ~ ~ .. is amended as follows :- Amendment • of 8. 21. (1.) In subsection one the words" for all or any of [R ul- the following matters" are repealed and the following tio~ ~. ] a. words are inserted in lieu thereof, namely, "providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. Without limiting the generality of the foregoing provisions, the regulations may provide for all or any of the following matters :-." (ii.) Paragraph (a) of subsection one is amended by inserting after the word "renewals" the words "and the terms, provisions, conditions, and stipulations of licenses including the suspension and/or cancellation thereof, and prescribing any acts or omissions involving such suspension and/or cancellation." (iii. ) New paragraphs are added to the said subsection one as follows : - " (dJ) Prescribing the functions, duties, powers, Business ob f usinaensys, a C ndompmro1 · cteteeedingt h s eoref ot f h, e pCoowunecr il otor o o r f CB o ou a n . d r c . il constitute such Committee, or of any Board, or Committee thereof, or of any Industry Committee: the meetings thereof, the quorum, delegation of powers, the duties of executive officer and/or secretary: the keeping of proper minutes of meetings of the Council, or Board, or any Committee of the Council or Board; (d2) Prescribing the method of giving or service of Notices. notices, orders, demands, or requirements by the Council, or Committee thereof, or Board or Committee thereof or Industry Committee, or any member, officer, or secretary or any authorised officer of the Council or Board; (d3) Making all necessary provision for and Election of regulating the conduct by post or otherwise members. of the election from time to time of members other than ex officio members of the Council or Board: compilation and revision of rolls of persons entitled to vote at elections: method of determining the qualification of voters, making the list of electors conclusive
126 LABOUR. A P M A E R N T D 1 M 1 E 1 N . T - S Co-orWination of Employm.ent Faci7ities Act. 6 GEO. VI. No. 8, OF" THE r LABOUR EXCHANGES ACT OF 1915." evidence of the title to vote at any such election: settlement of disputed elections or questions arising out of or in connection with any election or poll and the tenure of office of such members: the filling of casual vacancies therein arising from death, retire- ment, or resignation: the appointment of a deputy to act for any member in the event of illness, absence, or other causes." (iv.) In subsections two and three of the said section the words " Orders in Council or" are inserted before the word" regulations" wherever occurring; also before the word "regulation" twice occurring in subsection three the words " Order in Council or" are inserted. (v.) The sidenote to subsection two is amended by inserting before the word "Regulations" the words " Orders in Council or." (vi.) Subsection three is amended by deleting the words " both Houses of" and the words " either House of"; also the words "such House" are repealed and the word " it " is inserted in lieu thereof. Provisions to operate on (2.) The provisions of this section shall come into the passing operation on the date of the passing of this Act. of Act. Moreover any Order in Council may be made on the date of the passing of this Act. PART IV.- JUVENILE EMPLOYMENT BUREAU. PART IV.-JUVENILE EMPLOYMENT BUREAU. Objects of 22. For the purpose of affording assistance to Part IV. minors in securing employment in the State it is hereby enacted as in this Part of this Act set forth. Definitions. 23. In this Part of this Act, unless the context otherwise indicates or requires, the following terms have the meanings respectively set against them, that is to say:- Area. " Area "-An area to which this Act applies as directed and defined by Order in Council ; Juvenile Employment Bureau or Bureau. "Juvenile Employment Bureau" or" Bureau "- The Juvenile Employment Bureau constituted under this Part: the term also includes a. member or officer of the Bureau;
1941. LABOUR. Co-ordination of Employmen.t Facilities Act. 127 PART IV.- JUVENILE EMPLOYMENT BUREAU "Juv,e, nCiolme mEl. mttepelo " y - m A ent JGurvoeump.leComE mmpit I toeyem" eonrt EGJumrvoepunlpoilyement Group Committee constituted under this Committee Part: the term also includes a member or ~ ~ mmittee. officer of the Committee; " Minor "-A person under twenty-one years of Minor. age who is employed or engaged in or who is seeking employment in any trade, calling, or industry to which this Part applies. For the purposes of this Part the terms "Director of Employment," " employment officer," " Local Authorities Acts," "Local Authority," "local body," and" this Act" shall have, respectively, the meanings assigned to them in section two of *" The Employment Exchanges Acts, 1915 to 1941." 24. This Part of this Act shall apply to such Application callings, trades, crafts, and industries as the Governor C; ~ s in Council may on the recommendation of the Bureau a . from time to time by Order in Council approve and declare. 25. This Part of this Act shall apply only in such Areas. areas as the Governor in Council may from time to time direct and determine. The Governor in Council may by Order in Council direct and declare that the whole or part only of this Part shall apply to any area specified in such order, whereupon this Part or such part thereof shall extend and apply to such area accordingly. The provisions of sections 3 and 3A of *" The Employment Exchanges Acts, 1915 to 1941," as to districts shall, with such modifications as shall be necessary, mutatis mutandis, apply to areas under this Part. 26. (1.) There is hereby constituted a JuvenileConstitution Employment Bureau (herein referred to as the" Bureau"). of Bureau. (i.) The Bureau shall be composed of the Membership. following persons, namely:- (a) A person from time to time appointed by the Governor in Council who shall be member and chairman; (b) Four members appointed by the Governor in Council (at least one of whom to be representative of the Department of Public Instruction) ; ... 6 G. 5 No. 6 as amended by this Act. See v. 4, pp. 757 et Beg.
128 LABOUR. PART IV.- f EIJIPULVOEYNlIIILEENT (t ·o-or di na t ~ ' on 0' E mp- oy l me t n F ac~ 'l ~ 't M ' S A C t . BUREAU. 6 GEO. VI. No. 8, (c) Two workers' representatives elected in tha.t behalf as prescribed by regulations by the executives of the industrial unions of employees registered under *" The Industrial Oonciliation and Arbitration Acts, 1932 to 1938," and appointed by the Governor in Council : Provided that any individual industrial union of employees herein referred to shall not have more than one representative on the Bureau; (d) Two employers' representatives elected in tha.t behalf as prescribed by regulations by the executives of the industrial associations, unions, and organisations of employers in the State registered under *" The Industrial Oonciliation and Arbitration Acts, 1932 to 1938," and appointed by the Governor in Council: . Provided that any individual industrial association, or union, or organisation of employers herein referred to shall not have more than one representative on the Bureau. Tenure. (ii.) The members other than the member and chairman referred to in provision (a) of paragraph (i) shall hold office for three years and shall be eligible for reappointment. Nomination (iii.) The Minister may nominate to the Governor ~ : r ~ ; : : : : . in Council for appointment as member of the Bureau :!::: ment of any officer of any department of State or of any Crown of corporation or Crown instrumentality or local body: Bureau. Provided that the consent of the Minister Consent. administering such department, or Crown corporation or instrumentality, and in the event of a local body, of the managing council or executive, or director, shall be first had and obtained. Proxies. (iv.) In the absence of any representative the authority electing him may in writing appoint a proxy with power to act and vote for such absent representative at any meeting or meetings of the Bureau as may be required. * 23. G. 5 No. 36 and amending Acts. See v. 4, pp. 1020 et Beq.
1941. LABOUR. Coo-ordination of Employnuml Facilities Act. 129 PART IV.- JUVENILE EMPLOYMENT BUREAU. (2.) Until the Bureau is constituted under this Existing Part of this Act, the Juvenile Employment Bureau or ~ ~ cet~ ~ nto Committee as functioning at the passing of *" The until Co-ordination of Employment Facilities Act of 1941" ~ o~ ~ ~ ~ ted. shall continue so to function; and for the purposes of this Act, such Bureau or Committee so functioning shall be deemed to be the Juvenile Employment Bureau referred to in Part Ill. of this Act; and the Bureau shall co-operate with and have regard to any recommendations of the State Employment Council accordingly. On the constitution of the Bureau pursuant to this Part the Board ofJuvenile Employment shall be dissolved and the Juvenile Employment Bureau or Committee referred to in the first paragraph of this subsection shall cease so to function, and the Bureau as constituted under this Part and the members thereof shall function and be in office accordingly, and any reference in this Act to the Juvenile Employment Bureau shall be a reference to the Bureau constituted pursuant to this Part accordingly. 27 The provisions of subsections four to fifteen Applica~ ion o f sec t I · On 2 A and t he prOVI.sI.Ons 0 f sectI . Ons 2 B, 2 D, 2 E, porfocveirstiaomns 2F, and 3B, respectively, of t" The Employment Exchanges ~ f" [he Acts, 1915 to 1941," shall with any modifications that E, ,:~ ~;: =nt shall be necessary, mutatis mutandis, apply in respect of AC~ ~ 4i9, ~ 5 the various matters and things as set forth therein to ~ ~ Bur~au. the Bureau. 28. Save as in this Part of this Act is expressly Saving of provided, nothing in this Part shall prejudice or affect i~ ~ ustrial the provisions of t" The Industrial Conciliation and Conciliation Arbitration Acts, 1932 to 1938," and §" The Apprentices ~ ~ ~ itration and Minors Acts, 1929 to 1934 " : Acts and the Appren- Provided that nothing herein contained shall ticeship prevent any member of the Apprenticeship Executive or Acts. of any Group Apprenticeship Committee or Advisory Committee constituted under §" The Apprentices and Minors Acts, 1929 to 1934," from being a member of * This Act. t 6 G. 5 No. 6 as amended by this Act. See v. 4, pp. 757 et seq. ~ 23 G. 5 No. 36 and amending Acts. See v. 4, pp. 1020 et seq. § 20 G. 5 No. 37 and amending Acts. See v. 4, pp. 663 et seq. E
130 LABOUR. PART IV.- EM J P U L V O E Y N M IL E E NT Co-ordination of EmpZoyment Facilities Act. BUREAU. 6 GEO. VI. No. 8, Function~ of the Bureau. the Bureau or of any Juvenile Employment Group Committee which may be constituted as hereinafter provided: Provided further, that nothing shall prevent any calling, trade, craft, or industry to which *" The Apprentices and Minors Acts, 1929 to 1934," applies from being a calling, trade, craft, or industry to which this Part of this Act may be applied by virtue of section twenty-four of this Part of this Act. 29. (1.) Subject to this Part of this Act, the Bureau shall have and exercise the powers, authorities, duties, and functions as are hereunder set forth, namely :- (a) To advise the Minister as to the trades or callings or industries to which the provisions of this Part should be applied; (b) To advise the Minister as to the grouping of any such trades, callings, or industries ; (c) To collaborate with, and have regard to, any recommendations of the Council constituted under t" The tLabour Exchanges Acts, 1915 to 1941 ": to collaborate with any Board constituted under such lastmentioned Acts and also with the Apprenticeship Executive, any Group Apprenticeship Committee or Advisory Committee constituted under *" The Apprentices and Minors Acts, 1929 to 1934," on any matters or things relating to the employment of or finding employment for minors, and generally; (d) To supervise and collaborate with and correlate surveys and recommendations made by any Juvenile Employment Group Committee; (e) To investigate and examine and report to the Minister- (i.) The diversion of minors between trades, callings, or industries, (ii.) The position with respect to the trades, callings, or industries which do not train minors andlor as to whether minors should be excluded therefrom or the employment thereof restricted, * 20 G. 5 No. 37 and amending Acts. See v. 4, pp. 663 et Beq. * t 6 G. 5 No. 6 as amended by this Act. See v. 4, pp. 757 et aeq. Sic in Gazette; semble "Employment."
1941. LABOUR. Co-ordination of Employment Facilities Act. 131 PART IV.- JUVENILE EnPLOYJl[ENT BUREA.U. (iii.) As to the incidence and extent of " dead- end" employment in certain industries, trades, or callings, or groups of trades or callings, (iv.) As to the measures to be employed to reduce or eliminate "dead-end" employment in certain industries, trades, or callings, or groups of trades or callings with a view to the absorption into other trades, callings, or industries any minors so affected; (f) To initiate proceedings in the name of the Bureau and by means of an officer authorised in that behalf by the Bureau before the Industrial Court constituted under *" The Industrial Oonciliation and Arbitration Acts, 1932 to 1938 " (and in such proceedings to be and be deemed a party thereto). In this regard such proceedings may be in the nature of an application to the court for an award, or variation of any existing award or agreement affecting the employment of minors in any trade, calling, or industry to which this Part applies, and without limiting the generality of these provisions, particularly with respect to- (i.) Prescribing of age-bars or educational qualifications, (ii.) The proportion of minors to be allowed to adults in any trade, calling, or industry to which this Part applies, (lii.) The proportion of female minors to total minors, (iv.) The fixation of wages in respect of minors including- (1) The question of payment of wages according to age and/or experience, (2) Progressive increases in wages, (v.) Limitations of classes of work to be carried out by male minors and/or female minors. * 23 G. 5 No. 36 and amending Acts. See v. 4, pp. 1020 et Beg.
132 LABOUR. PARf IV.- E~ ~ = ~ Co-ordination of Em,ployment Facilities Act. BUREAU. 6 GEO. VI. No. 8, (2.) The Bureau shall also have and exercise the following powers, authorities, and functions, namely:- (i.) To advise the Minister as to the character of any entrance examination or other examina- tion which may be prescribed for minors; (ii.) To advise the Minister on any matter involving or bearing upon any general principle of employment of minors; (iii.) To advise the Minister on such other matters as may from time to time be delegated to the Bureau by the Minister; (iv.) To submit recommendations to the Minister on any matter involving or relating to the employment of minors. Group 30. A Committee called the " Juvenile Employment Committees. Group Committee" (herein referred to as the "Committee") shall be constituted for each trade or calling or industry or groups of trades or callings or industries to which this Part applies: Provided that any such Committee shall be appointed from time to time by the Minister on the recommendation of the Bureau. CMoemmmbeitrtseeo. f perso 3 n 1 s, . nEamacehlyC: o-mmittee shall consist of the following (a) The chairman of the Bureau who shall act as chairman of the Committee; (b) Equal numbers of representatives appointed by the employers and industrial unions or unions of employees in the trade or calling or groups of trades or callings. The number of such representatives on each Committee shall be determined by the Minister and shall be appointed and/or elected and appointed as prescribed; (c) Every member of a Committee (other than the chairman) shall- (i.) Be appointed for a term of not more than three years, and (ii.) Be eligible for re-appointment;
1941. LABOUR. 133 Co-ordination of Employm.en.t F'aciUties Act. PART IV.- JUVENILE EMPLOY1!EN'I BUREAU.; (d) Where a vacancy occurs (otherwise than by the retirement of a member on the expiration of his office) the person appointed to fill the same shall be entitled to hold office during the residue of the term of the member whose office he fills and no longer, but shall be eligible for reappointment; (e) In the absence of any representative the authority appointing him may in writing appoint a proxy with power to act and vote for such absent representative at any meeting or meetings of the Committee as may be required. 32. The provisions of subsections four to fifteen Application of sect I·on 2 A, and the provI.sI.Ons 0 f sect·IOns 2 D, 2 E, 2 F, oprfocveirstiaoinns and 3B, respectively, of *" The Employment Exchanges of" The Acts, 1915 to 1941," shall with any modification that shall ~ r: ~ ~X; :: nI be necessary, mutatis mutandis, apply in respect of the Acts, 19, ~ 5 various matters and things as set forth therein to a ~ ~ !;41, Committee. Committee. 33. (1.) The powers, duties, functions, and Functionsot authorities of a Committee shall be- Committee. (a) To aid and collaborate with the Bureau towards the effective attainment of the objects sought by this Part; (b) To make recommendations to the Bureau as to any trade or calling that it considers should be brought within the scope of this Part; (c) To make recommendations to the Bureau as to the grouping of any such trades or callings; (d) To make recommendations to the Bureau in regard to examinations (if any) which shall be passed by minors and as to the granting of certificates of competency; (e) To advise the Bureau concerning the educational facilities that should be provided to minors . either during their period of registration and while not employed, or during their period of employment; * 6 G. 5 No. 6 as amended by this Act. See v. 4, pp. 757 et 8eq.
134 LABOUR. PAR'l'IV.- EMJPULVOEYNMILEENT C jo- d ort ' nat~ . on 0 f Employment Facilt . ties Act. BUREAU. 6 GEO. VI. No. 8, (j) To investigate anomalies in respect of " dead-end" employment and make recom- mendations to the Bureau with a view to remedying such anomalies; (g) To advise and report concerning the proportionate number of minors to be employed by any employer in a trade or calling or section of a trade or calling within the scope of this Part (but excluding apprentices) ; (h) To advise on any matter or thing referred to it by the Minister or by the Bureau. Further powel'8. (2.) The Committee may also make suggestions to the Bureau in respect of the following matters :- (a) The rates of pay (including overtime rates) to be paid to minors in each year of their employment; (b) Trades or callings or sections of trades or callings (if any) in which male minors should be employed exclusively; (c) In respect of minors, the proportionate number of female minors (if any) to male minors to be employed by any employer in a trade or calling or section of a trade or calling within the scope of this Part ; (d) In respect of minors, the trades or callings or sections of trades or callings (if any) in which the younger minors should not be employed; (e) The establishment of suitable vocational classes for minors and all matters incidental thereto; (f) The instruction and training to be given to minors in the vocational classes. Education of minors. 34. The Bureau, with the approval of the Minister, shall make all necessary arrangements with the Department of Public Instruction whereby a minor may be enabled to attend any technical college, vocational classes, classes of instruction, or correspondence classes (if available) on such subjects as may be determined by the Minister on the recommendation of the Bureau; and such educational facilities shall be provided accordingly.
1941. LABOUR. Co-ordination of Employment Facilities Act. 135 PART IV.- JUVENILE EMPLOYMENT BUREAU. 35. A secretary to the Bureau shall be appointed Secretary. by the Minister. Such secretary may also act as secretary to a Committee or Committees, but the Minister may appoint any other person as secretary to any such Committee. 36. (1.) For the purposes of this Act any minor Regi~ tration seeking employment in respect of the trades or callings ofrrunors. to which this Part applies shall notify the secretary of the Bureau in the form prescribed, who shall keep a register of such minors: Provided that any minor who lives in an area outside the area of the City of Brisbane may notify the secretary of the Committee, or, if no Committee is constituted for such area, the employment officer of the State Employment Exchange for such area, and such secretary or, as the case may be, the employment officer, shall inform the secretary of the Bureau, and the secretary shall include the name of such minor in the said register. (2.) The register shall be available to any employer Register desirous of obtaining the services of a minor, and such availlable to empIoyer may make app1l·Ca·tIOn to t he secretary 0 f the emp oyer. Bureau accordingly. 37. For the better and more effective administration Information of this Part, the Bureau may require any employer ~ o be given conducting any trade, or calling, or industry, and e~ ployers. whether any trade or industry to which this Act applies or not, to furnish it with any specified or prescribed information relating to such trade and industry or relating to the employees engaged therein. 38. Any person who acts in contravention of or Offences. fails to comply with any provision of this Part shall be guilty of an offence and liable to a penalty not exceeding twenty pounds. Proceedings in respect of offences against this Part shall be by complaint and be heard and determined in a summary way by an industrial magistrate. 39. (1.) The Governor in Council may from time Regulations. to time make such regulations providing for all or any purposes whether generally or to meet particular cases as may be convenient for the administration of this Part or as may be necessary or expedient to carry out the objects and purposes of this Part.
136 LABOUR. PAR'! IV.- EMJUPIV.OEYNMILEENT Co-ordination of Employment Facilities Act. BUREAU. 6 GEO. VI. No. 8, 1941. Without limiting the generality of the foregoing provisions such regulations may provide for all or any of the following matters :- (a) Prescribing the business and proceedings of the Bureau or any Committee: the meetings thereof, quorum, delegation of powers: duties of secretary or other officers: the keeping of proper minutes of meetings of the Bureau or Committee and the signing of documents; (b) Prescribing the method of giving or service of notices, orders, demands, or requirements by the Bureau, or Committee, or secretary, or authorised officer thereof; (c) The conduct by post or otherwise of the election from time to time of members of the Bureau or Committee: compilation and revision of rolls of persons entitled to vote at elections, and making the list of electors conclusive evidence ofthe title to vote at such election; (d) The filling of casual vacancies in the Bureau or Committee: the appointment of a deputy or proxy to act for a member of the Bureau or Committee in the event of illness, absence, or other cause; (e) Prescribing forms of returns and statistics to be made and furnished to the Bureau and the contents thereof, and the persons by whom the same shall be made, and the time and mode of making and furnishing the same; (j) All matters required or permitted by this Part to be prescribed; (g) Generally to give effect to the objects and purposes of this Part. Penalties. (2.) The regulations may fix a penalty not exceeding in any case ten pounds for any breach thereof. Regulatio~ (3.) Any regulations or Orders in Council may be ~ ~~ ! r~~~ made on the passing of *" The Co-ordination of Employment be made on Facilities Act of 1941." passing of Act. Effect of (4.) All Orders in Council and regulations made or gOarzdeetrt i a n lof purporting to be made under this Part shall be published Council or in the Gazette, and shall upon such publication be of the regulations. same effect as if they were enacted in this Act and shall be judicially noticed. * This Act.
LABOUR. 6 GEO. VI. No. 5, 1941. Income (State Development) Tax, Etc., Act. 137 PART IV.- JUVENILE BliPLOYMEN, .BUREAU•. All such Orders in Council and regulations shall be laid before Parliament within fourteen days if then sitting; and, if not then sitting, within fourteen days after the commencement of the next ensuing session. If Parliament, within the next fourteen sitting days after any such Order in Council or regulation has been so laid before it, resolves that such Order in Council or regulation ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such Order in Council or regulation or to the making of any new Order in Council or regulation. For the purpose of this section the term "sitting days" shall mean days on which the House actually sits for the despatch of business. 40. This Part of this Act may be separately cited Short as " The Juvenile Employment Bureau Constitution Act citation. of 1941." An Act to Amend "The Income (State Development) 6 c; . ~ ~ · 5: I. Tax Acts, 1938 to 1939," by Making Further IN~~ JJ Exemptions from Tax in Respect of Certain DEV T ~ A ~ X ~ ~ A ~ C E T N S T) Incomes, and for other purposes. AMl~ : ~ ~ NT 1941. [ASSENTED TO 12TH DECEMBER, 1941.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited as "The Income Short title (State Development) Tax Acts Amendment Act of 1941," and . and shall be read and construed as one with *" The constructIon. Income (State Development) Tax Acts, 1938 to 1939," herein collectively referred to as the Principal Act. (2.) The Principal Act and this Act may collectively ~ llective· 2 be cited as "The Income (State Development) Tax Acts, title. 1938 to 1941." * 2 G. 6 No. 22. See 1938 Sess. v., pp. 17112 et seq.
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