Electrical Workers Act of 1923 (14 Geo v No. 22) (Qld)

10512 ss. 1-3. ELECTRICITY. Elcctrical HT ol'kers Act. 14 GEO. V. No. 22, ELECTRICITY. 14 N G o. eo 2 . 2. v. An Act to make better provision for the Execution of THE Electrical Works by competent persons and ELECTRICAL WORKERS for the Examination of Electrical Workers ACT OF 1923. and the granting of Certificates to them, and for other consequential purposes. [ASSENTED TO 17TH OCTOBER, 1923.] 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:- Short title 1. This Act may be cited as "The Electrical Workers ~ ~ ! rrience. Act of 1923," and shall commence and come into operation ment of Act. on a day to be fixed by the Governor in Council by Proclamation published in the Gazette. Limit of Act. 2. This Act applies only to electrical workers in . and about electrical work in connection with the genera- tion, transmission, and supply of electrical energy. This Act does not apply to any electrical work for the purposes of the Postmaster-Genera.! of the Common- wealth. Nothing in this Act contained shall be construed to prejudice, prevent, or affect- (a) Any mechanical engineer in or from taking charge of any machinery, provided that he is not employed mainly on electrical work; (b) Any mechanic in or from making any necessary repairs to any electrical appliance or plant, provided that he is not employed mainly on electrical work; (C) Any owner of an electrical generator or motor used in connection with any business carried on by him in or from working the same or making or causing to be made any necessary repairs thereto by himself. Interpre. tation. Board. 3. In this Act, unless the context otherwise indi- cates, the following terms have the meanings set against them respectively, that is to say:- "Board"-The Electrical Workers Board ap- pointed under this Act;

ELECTRICITY. s. 4. 1051:3 1923. Electrical Workers Act. "Certificat,e"-A certificate of competency or of Certificate. service granted under this Act; " Electric authority"-An electric authority under Electr~ c. *" The Electric Light and Power Act, 1896"; authonty. "Electrical workers"-Electrical fitters, electrical Electrical mec h aru · cs, e I ec t f ' lCa 1 l l ' nesmen, an d e I ec t f ' lca I workers . jointers, and other workers in the electrical industry who may be provided for from time to time in an award made under the Industrial Arbitration Act; "Industrial ArbitrationAct"-t" The Industrial Industrial Arbitration Acts, 1916 to 1923," and any Act !~ ~ .itration amending or in substitution for those Acts; " Minister"-The Secretary for Public Works or Minister. other Minister of the Crown for the time being charged with the administration of this Act; " Prescribed"-Prescribed by this Act; Prescribed. " Regulations"-Regulations made under the Regulations. authority of this Act; ,r This Act"-This Act and any regulations made This Act. thereunder. 4. (1.) For the purposes of this Act there shall be Creation of an· Electrical Workers Board consisting of eight members, Electrical to be appointed by the Governor in Council, namely-- :O:~~rs A representative of the Government nominated by the Minister ; A representative elected by the electric authorities in the State; A representative nominated by the Fire Under- writers' Association of Queensland; A representative elected by the employers in the electrical industry in the State; Two representatives eleC!ted by the certificated em- ployees in the electrical industry in the State; Two representatives nominated by the Queensland Branch of the Electrical Trades Union of Australia. (2.) The member who is the representative of the ChA.;.rman. Government shall be the ohairman of the Board. 60 Vic. No. 24, 8upra, page 702. t 7 Geo. V. No. 16, 8upra, page 7538; and 14 Geo. V. No. 10, infra, page 10587,

10514 ss. 5, 6. ELECTRICITY. Electrical Workers Act. 14 GEO. V. No. 22, Business. Term of office, &c. (:1.) Subject to this Act the Board shall meet at such times and conduct their business in such manner as they may decide or as may be prescribed by the regulations. (4.) Three members of the Board, to be decided by lot, shall retire at the end of the first year after their appoint- ment, and three members, to be decided by lot, shall retire at the end of the second year, and at the end of the third and each subsequent year such members shall retire as have completed the term of three years' service on the Board since appointment. All retiring members shall be eligible for reappoint- ment. Members appointed to fill casual vacancies shall, for the purpose of determining the date of retirement, be held to have been appointed on the date of the appoint- ment of the vacating member. Electrical 5. From and after a date to be notified by the Board workers in the Gazette, no person other than a probationer or tcoerhtioflidcates. apprentice working under regulations made under the Industrial Arbitration Act shall carry on or engage or be employed or act in the calling or occupation of an electrical worker unless he is the holder of a certificate of the appropriate description. Certificates. 6. (1.) The Board shall have power to grant- (a) Certificates of competency to all candidates who satisfy them that they possess the neces- sary practical and theoretical knowledge, skill, and intelligence, and who are not otherwise unfit; (b) Certificates of service without examination in accordance with the conditions hereinafter prescribed: Provided that a certificate of service shall have the same effect and confer the same status for all the purposes of this Act as a certificate of competency. (2.) Any person holding a certificate grant,ed by the Board of Electrical Examiners under the po",vers conferred upon such Board by regulations under *"The Electric Light and Pouer Act, 1896," and subsisting at the date of the commencement of this Act, sha,ll be entitled to apply for and be granted as of right the like certificate under this Act. * 60 Vie; No. 24, supra, page 702.

ELECTRICITY. ss. 7, 8. 10515 1923. Electrical Workers Act. (3.) The said Board of Electrical Examiners is hereby abolished. (4.) The rules set forth in the Sehedule to this Act Rules in shall apply to the business and proeeedings of the Board Schedule. and the granting, status, suspension, and cancellation of certificates, and shall be observed by the Board and all persons concerned. But such rules shall not be eonstrued to prevent or limIt the making of regulations (not inconsistent with such rules) for the purpose of giving full effect to this Act. Such rules may from time to time be amended or Amendment added to by the Governor in Council by Order in Council of rules. published in the Gazette. But no such amendment or addition shall have effeet until the expiration of a period of three months after the publication of a notification in the Gazette setting forth particulars of any such amendment or addition. 7. (l.) Any person who obtains or attempts to Obt?"ining obtain any certificate by fraud or fraudulent means ~:; ~~~ ~;ry shall be liable to a penalty not exceeding twenty pounds. &c. ' Every certificate improperly obtained, whether obtained before or after the commencement of this Act, may be cancelled t~ y the Board; and the holder thereof shall when c~ Iled upon by the Board, return such certificate. Every person who uses any such certificate after notice by the Board that the same has been cancelled shall be liable to a penalty not exceeding twenty pounds. (2.) Every person who- Fals.e (i.) Makes in any prescribed book, register, notice, entrIes, &c. certificate, or document an entry which in any material particular is to his knowledge false; or (ii.) Makes use of any entry or certificate which in any material particular is to his knowledge false shall be liable to a penalty not exceeding twenty pounds or to be imprisoned for any period not exceeding three months. 8. (1.) All penalties and fees imposed by or pur- Gene. r~ l suant to this Act may be recovered in a summary way t p o rOV p I e S n l f O tl n t ~ leass, by complaint under *" The J1tstices Act8, 1886 to 1909." &c. * 50 Vic. No. 17 and Amending Acts, supra, pages 1132 et seq.

]0516 s. 9. ELECTRICITY. Electrical Workers Act. 14 GEO. V. No. 22, (2.) Every person guilty of an offence against this Act for which no other penalty is provided shall be liable to a penalty not exceeding twenty pounds. No prosecution (3.) No prosecution for any breach or contravention without of this Act shall be instituted without the authority of authority. the Minister. Regulations, 9. The Governor in Council may from time to time make regulations for all or any of the following purposes, namely;- Elections. (i.) The method of election of elective representa- tives to be appointed members of the Board: Business of Board. (ii.) The meetings, business, and procedure of the Board; Certificates. (iii.) The standard for the examination of persons deSIrous of obtaining certificates of com- petency;. the grantin~ t of certificates; Suspension, &c., of certificates. (iv.) The conditions upon which certifica.tes may, after due investigation, be suspended or cancelled; Forms. (v.) The form of and manner of giving, furnishing, granting, or keeping notices, applications, certificates, registers, and other documents in pursuance of this Act; Fees. (vi.) Scales of fees to be paid for the examination for and granting of certificates of competency; Generally. (vii.) Generally for carrying this Act into effect. The regulations may provide a. penalty not exceeding twenty pounds for any breach thereof. All such regulations shall, upon being published in the Gazette. be of the same effect as if they were enacted in this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. All such regulations shall be laid before Parliament within fourteen days after the publication thereof if Parliament is then sitting, or, if not, then within fourteen days after the commencement of the next session thereof. If the Legislative Assembly passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime.

s.10. ELECTRICITY. Sch. rr. 1-5. 10517 1923. Electrical Workers Act. For the purpose of this section, the· term "sitting days" shall mean days on which the House actually sits for the despatch of business. 10. All expenses of carrying this Act into execution Expenses to shall be paid out of moneys to be from time to time bfe paid out appropr . Iate d · b y P ar 1 J · ament f or t h e purpose. a 0 ppmroopnreiy- s ated. SCHEDULE. 1. (1.) In the case of the election of the representatives of the Votes at electric authorities and the employers in the electrical industry eleations. respectively each authority and each employer shall have one vote only. (2.) In the case of the election of the representatives of the employees in the electrical industry, only certificated electrical workers (whether then actually employed or not) shall have a vote, and each such worker shall have one vote only. 2.. The duties of the Board shall be- Duties of (a) To co-operate with the Department of Public Instruction Board. in preparing the syllabus of work for candidates for certificates of competency, and to advise from time to time as to the courses of instruction for candidates for certificates of competency; (b) To conduct examinations for certificates of competency and to issue certificates of competency and certificaks of service; Cc) To make such public notification as to the granting and cancellation of certificates as the Minister may direct; Cd) To carry out such other duties as may be prescribed 01' as the Minister may from time to time require. 3. The chairman shall act as the executive officer of the Board. Chairman. 4. The Board with the approval of the Minister shall appoint Secretary. a secretary. The secretary shall keep minutes of meetings of the Board, issue notices of meetings, conduct correspondence, keep records of examinations and of the issue, cancellation, and suspen- sion of certificates, and perform such other duties pertaining to the business of the Board as the Board may direct. 5. (1.) A meeting of the Board shall be held at least once in Meetings every eight weeks. of Board. (2.) Notice of the time and place of meeting and of the business to be transacted by the Board thereat shall be given to all members at least seven days before the date of the meeting. (3.) The chairman shall preside at every meeting at which he is present. In the absence of the chairman, the members present may elect one of their number to be chairman for the meeting. (4.) The business transacted at any meeting shall be that specified in the notice. (5.) Any five members of the Board shall form a quorum..

10518 8ch. rr. 6-9. ELECTRICITY. -- ~ ~~ ~ ~- ~ ~ - - - - - - - ~ - - - - - - - ~ ~ - - - - - - ~ ~ ~ - Electrical TVorkers Act. 14 GEO. V. No. 22, (6.) A special meeting for any particular purpose may be called by the chairman at his discretion or when he is requested by two members to call such a meeting. If the chairman fails to call a special meeting after such a request, any three members of the Board may call such meeting by a notice signed by themselves. Such notice shall state the time and place of meeting and the business to be transacted thereat, and shall be given to members at least seven days before the date of such meeting. The business transacted at any special meeting shall be that specified in the notice. (7.) At any meeting of the Board, if a quorum is not present within fifteen minutes after the notified hour of meeting, that fact and the names of the members present shall be recorded by the secretary in the minute-book. (8.) All powers vested in the Board may be exercised by the majority of the members present at any meeting duly held, and all questions shall be decided by a majority and by open voting. Upon every question the chairman shall have a vote, and if the numbers are equally divided he shall have a second or casting vote. At all meetings of the Board all members present shall vote. If any member refuses to vote his vote shall be counted for the negative. (9.) The order of business at any meeting shall be- (a) Reading of minutes; (b) Reading of correspondence; (c) Consideration of applications for examination; (d) Consideration of certificates; (e) Subcommittee reports; (f) Other business. Proceedings 6. No proceedings of the Board or of any person acting as validated. chairman or member shall be invalidated by reason of any defect in his appointment or election or nomination or of any disqualifica- tion of any sueh person, or by reason of there being any vacancy in the number of members at the time of such proceedings. Examiners. 7. The Board may appoint examiners to conduct the examina- tion of candidates for certificates of competency. TimeR of 8. Examinations for certificates of competency shall be held examinations at such times and places as the Board think fit. Notification of the time and place of holding such examinations shall, at least one month before the date of holding of the examina- tions, be published in a daily newspaper circulating in the locality in which the examination is to be held. Scope of the 9. In determining the scope of the examination for certificates examination. of competency as electrical workers, the definitions of "electrical fitter, " "electrical mechanic," "electrical linesman," and "elec- trical jointer," respectively, contained in the award, if any, for the time being in force made under the Industrial Arbitration Act, shall

ELECTRICITY. Sch. rr. 10-12. 10519 1923. Electrical Workers Act. be taken into consideration in so far as such definitions delimit the work of such electrical workers respectively; and such scope may include tests in calculation, practical work, sketching, and knowledge of the rules of the Fire Underwriters' Association of Queensland. 10. The Board shall determine the manner of the examination, Manner of and may determine that oral, written, or practical tests, or any or 'lxamination. all of these, shall be employed. 11. A candidate desirous of sitting for examination for a Applications certificate of competency as an electrical worker shall make applica- for . . tion to the Board for examination at least fourteen days before the exammatlOn. date of holding the examination, and such application shall be made in the prescribed form or to the like effect. 12. (1.) Any person may apply for examination for a certifi- Electrical (late of competency as an electrical fitter, who- fitters. (i.) (a) Has served as an apprentice to the electrical trade for such period as is prescribed by the regulations for apprenticeship under the Industrial Arbitration Act, and has otherwise conformed to such regulations; and Cb) Produces a certificate from his employer stating that his conduct is satisfactory, and outlining the amount of experience he has had as an electrical fitter· or as a mechanical engineer or fitter; or (ii.) (a) Has attended the evening trade course for electrical trades at a technical college where such courses are recognised by the Department of Public Instruction fl'I" not less than three years, and produces a certifi- cate of proficiency in the work of that course from such Department; and (b) Has been employed as an electrical fitter for a period of not less than three years j and (c) Produces a certificate from his employer stating that his conduct is satisfactory, and outlining the amount of experience he has had as an electrical fitter. (2.) Any person may apply for examination for a certificate Electrioal of competency as an electrical mechanic, who- mechanics (i.) (a) Has served as an apprentice to the electrical trade for such period as is prescribed by the regulations for apprenticeship under the Industrial Arbitration Act, and has otherwise conformed to such regulations; and Cb) Produces a certificate from his employer stating that his conduct is satisfactory, and outlining the amount of experience he has had as an electrical mechanic; or (ii.) (a) Has attended the evening trade course for electrical trades, at a technical college where such courses are recognised by the Department of Public Instruction, for not less than three years, and produceS' a certi- ficate of proficiency in the work of that course frOli!l. such Department; and (b) Has been employed as an electrical mechanic for a period of not less than three years ; and

10520 8ch. rr. 13, 14. ELECTRICITY. Electrical Workers Act. 14 GEO. V. No. 22, Electrical jointers. Electrical linesmen. (c) Produces a certificate from his employer stating that his conduct is satisfactory, and outlining the amount of experience he has had as an electrical mechanic. (3.) Any person may apply for examination for a certificate of competency as an electrical jointer, who- (a) Has served as an apprentice to the electrical trade for- such period as is prescribed by the regulations for apprenticeship under the Industrial Arbitration Act, and has otherwise conformed to such regulations; and (b) Produces a certificate from his employer stating that his conduct is satisfactory, and outlining the amount of experience he has had as an electrical jointer. (4.) Any person may apply for examination for a certificate of competency as an electrical linesman, who- (a) Has been employed on electrical construction or repair- ing work for at least three years; and (b) Produces a certificate from his employer stating that his conduct is satisfactory and outlining the amount of experience he has had in the electrical industry. Granting of certificates. 13. (1.) Certificates of competency shall be granted by the Board to every person who is allowed by the Board to sit for examination and who satisfies the Board's requirements at examination. Such certificate sh~ ll be in the prescribed form. Electrical fitter and mechanic. Interim certificate. (2.) Where the Board are satisfied that a candidate has qualified both as an electrical fitter and as an electrical mechanic, the Board may grant a certificate of competency as electrical fitter and mechanic. (3.) When any peri>on engHged in the electrical industry has had no opportunity of presenting himself for examination for a certificate of competency, the Board or the Chairman and one other- member thereof, on being satisfied as to the experience of such person, may grant him an interim certificate of the appropriate class, which shall operate accordingly until the day next after- wards appointed for the examination of persons for certificates of competency of that class. Such certificate shall be in the prescribed form. Certificates 14. Certificates of service shall be granted by the Board to all oi service persons who are at the date of the commencement of this Act ewxiatmhoinuat .tion tehnagtagtehdeyin htahvee elbeecetrnicaelnginagdeudstrays aenldecwtrhicoalcafnittseartsisfoyr theeleBctoriacradl mechanics, or electrical linesmen or electrical jointers for at least three years as journeymen, or who have served an. apprenticeship prior to the date of application for such certificate for such period as is prescribed by the regulations for apprenticeship under the Industrial Arbitration Act, and have otherwise conformed to sllch regulations. Application for such certificate shall be made in the prescribed form or to the like effect: Provided that no application for a certificate on the grounds herein specified shall be entertained by the Board after a period of

ELECTRICITY. Sch. rr. 15-18. 10521 1923. Electrical lV orkers Act. twelve months has E)lapsed from the date of the commencement of this Act except in the cases of journeymen entering this State from outside this State. The certificate granted in such cases as 'are by this rule provided for shall be in the prescribed form. 15. If it is considered that a certificated electrical worker has Cancellation been guilty of gross misconduct or negligence as a tradesman, the or Board may call on him to show cause why his certificate should sUB~ ension of not be ca.ncelled or suspended, and after inquiry the Board may certIfi.cates. cancel or suspend such certificate. 16. Subject to the Regulations, no person who has not first Dictation obtained from the Board in the prescribed manner a certificate that test. he is able to read and write from dictation words in the English language of not less than fifty words shall be entitled to apply for or hold a certificate of competency or service under this Act. The Regulations may make provision- (i.) For the examination and granting of certificates of ability to read and write from dictation words in the English language; (iL) For the exemption from the operation of this section of this Schedule of any persons or classes of persons whom for any reason it is not considered necessary to examine. 17. If any certificate is lost or destroyed, the holder, or some Duplicate person having knowledge of the facts and circumstances, may make certificate in a statutory declaration with respect thereto; and the Board, if case of lOBS, satisfied with such declaration, may issue a fresh certificate to the person entitled to hold the same, on payment of the prescribed fee. Such certificate shall be endorsed with a memorandum setting out the reasons for the issue thereof, and thereafter such certificate shall be available as if it were the original certificate. 18. (1.) In connection with the holding of examinations and Feils. the issue of certificates, the following fees shall be the fees pay- able:- £ s. d. (a) For application to sit for examination 050 (b) For certificate of competency after successful examination 110 (c) For reissue of any certificate ai'ter suspension 0] 0 6 (d) For issue of any fresh certificate on loss or destruction of original 050 Provided that the amount of the fee specified in (a) above shall accompany the candidate's application for examination, and that the fee specified in Cb) or (c) or (d) above shall be forwarded prior to the issue or reissue of the certificate. (2.) No fee shall be charged for the issue of certificates of service granted without examination in accordance with this Act.