Employment Brokers Act 1909 (WA)

WESTERN AUSTRALIA.

ANN() NON()

EDWARDI SEPTIMI REGIS,

No. 57 of 1909.

AN ACT for the Regulation of Employment

Brokers.

[Assented 10 21st Dureattic i , 19091

Legislative Assembly of Western Australia, in this present Parlia-	13 E it enacted by the King's ost Excellent Majesty, by and with the advice and consent of the Legislative Council and
ment assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Employment Brokers Act, title and

1909, and shall conic into operation on the first day of January, one	?neut.
otontenre-
thousand nine hundred and ten.

2. The Employment Brokers Act, 1897, is hereby repealed: Repeal.

Provided that all registrations made and all licenses granted

under the repealed Act, and in force at the commencement of this

Act, shall be deemed to have been made or granted under this Act.

3. In this Act, unless the context otherwise requires:— Litterpretation. 61 Viet., No. 24,

"District" means a magisterial district;	s. 2.
"Employment Broker" means every person who follows, for

reward, the calling of an agent for procuring engage-

ments

1909, No. 57.1 Employment Brokers. [9 EDW. VII

meats for persons seeking to be employed for reward, or for procuring employees for persons seeking to employ them for reward, but shall not apply to persons em- powered by law to act in the engagement of seamen;

Licensing Magistrates" means the persons having for the time being jurisdiction as Licensing Magistrates in the District under the provisions of any Act relating to the licensing of public houses and the sale of fermented and spirituous liquors in force for the time being;

"Licensing Meeting" means a licensing meeting held in pur-

suance of the statute of the 44th of Victoria, No. 9;

Minister " means the responsible Minister of the Crown charged for the time being with the administration of this Act.

"Servant" means any person who is seeking employment for reward in any employment of whatever nature, and in- cludes domestic servant.

Register. 4. (1.) The clerk of the Resident Magistrate or Police Magis- Employment Brokers, and every employment broker shall register in that book his name and the address of every place within the district where he carries on business as such broker, and, if he changes or adds to such place or places, shall, within a week after any such change or addition, register the same as aforesaid.

61 Viet.,	No. 24,	trate in every district shall keep a book, to be called the Register of
s. 3.

(2.) The Register of Employment Brokers shall be open to

inspection at all reasonable hours.

(3.) Every person who is guilty of a breach or non-observ-

ance of this section shall be liable, on conviction, to a fine not ex-

ceeding ten pounds.

Employment bro-	5. Every employment broker is required to obtain a license wi-
kers to be

licensed.	der this Act, and every person who carries on business as an em-
61 Viet., No. 24,	ployment broker without holding a license under this Act shall, on
s. 4.	conviction, be liable to a fine not exceeding twenty pounds.

License in force	6. The license granted under this Act shall be in force to the
to end of year.

61 Viet., No. 24,	end of the year for which the same shall be granted.
s. 5.

Notice of inten- 7. (1.) Every person who desires to obtain a license under this

tion to apply for	Act shall, fourteen days at least before applying for a certificate
license.
61 Wet., No. 24,	authorising the granting of such license, deliver, in triplicate, to the
s. 6.	clerk of the Resident Magistrate or Police Magistrate of the dis- trict wherein the premises are situate in which such person desires to carry on business as employment broker, a notice, in writing, of
First Schedule.	his intended application, in the form of the First Schedule hereto, and shall affix a like notice on the outer side of the principal door or entrance of such premises, and shall, seven days at least before making such application, publish a copy of such notice in a news- paper circulating in the place where such premises are situate.

9 EDW. VIM Employment Brokers. [1909, No. 57.

(2.) Immediately after receiving such notice, the clerk shall post one of the notices inside and another outside on some con- spicuous part of the court house, office, or building in which the licensing meeting is to be held.

Every licensee shall be entitled, subject to the provisos here- inafter mentioned, to obtain from the licensing magistrates a cer-

Licensee may ob-

tain renewal.

61 Viet., No. 24,

tificate authorising the renewal of his license on producing such

s. 7

license and upon payment to the proper officer of the annual fee

due in respect of such license:

Provided such license has not been allowed to expire or lilt-

not become void or liable to be forfeited from any cause whatever:

Provided also, that no objection to such renewal as is herein-

after mentioned shall have been taken and established in manner

by this Act provided.

8.

(1.) At the hearing of any application for a certificate for, or for the renewal of a license, objections to the granting thereof	Objections to li- cense, and notice
thereof.
on the ground that the applicant is not a fit and proper person to	61 Viet., No. 24,
S. 8.
hold a license or of fraud, imposition, extortion, the conduct of the business for immoral purposes, or non-observance of this Act, may be made by

9.

Any of the licensing magistrates;

Any applicant for a license or any person already licensed

in the district;

Any person resident in the district;

Any officer of police;

Any inspector of factories and any other person acting with

the authority in writing of the Minister.

The council of the municipality within the district of which

the said business premises are situate.

(2.) Such objections, except when made by any of the licens- ing magistrates, shall be made by notice, in writing, signed by the objector and served on the applicant three clear days before the hearing, and shall be accompanied by such particulars as enable the applicant to know what he has to answer. If the particulars are insufficient, the licensing magistrates may order further par- ticulars to be forthwith delivered, and the applicant shall be en- titled to an adjournment for not less than three clear days from the delivery of such further particulars.

Every bearing of an application for a license shall be a judicial proceeding and open to the public, and every applicant

Hearing of appli-

cation and attend-

ance of appli-

shall attend, either personally or by his solicitor or agent, and may

cant thereat.

61 Viet., No. 24,

be required by the licensing magistrates to attend personally.

s. 9.

The licensing magistrates shall decide by majorities, and the proceedings at the hearing shall be conducted as near as may he in the manner directed by the law for the time being in force relating to the duties of justices in summary convictions and orders.

10.

1909, No. 57.] Employment Brokers. [9 EDW. VII.

Application may	11.	(1.) If the licensing magistrates approve of an application,
he granted or re-

fused with costs.

they shall grant to the applicant a certificate in the form in the

61 Viet., No. 24,

Second Schedule hereto, and, if any objection to such application

s. 10.

appears vexatious or malicious, they may order the person who has

Second Schedule.

so objected to pay to the successful applicant a sum to meet his

reasonable costs and expenses of meeting such objection.

(2.) If the licensing magistrates do not approve of an appli- cation, they may order the applicant to pay to the person who has successfully objected to it a sum of money to meet his reasonable costs and expenses in respect of such objection.

License to issue	12.	Every person to whom a certificate is granted as aforesaid,
on presentation

of magistrates'

and who desires to obtain a license under this Act, shall cause the

certificate and

certificate to be presented to the Collector of Internal Revenue,. or

payment of fee.

61 Viet., No. 24,

such other person as may be appointed to issue licenses under this

S. 11.

Act, who shall issue the license upon payment of the fee required

to be paid for the same:

Provided that every certificate shall be void unless the sum to be paid for every such license be paid as herein required to such Collector of Internal Revenue, or to such other person as aforesaid, within fourteen days after the granting of such certificate.

Transfer of	13.	Any Resident Magistrate or Police Magistrate for the dis-
licenses.

Third Schedule trict may, on application in writing by the proposed transferror

61 Vict., No.	24 ,	and transferee, at any time transfer the license of any licensee if
s. 12.	approved of by him by au indorsement on the license, in the form in the Third Schedule, for which a fee of One pound shall be paid, and thereupon such appointee shall, until the first day of the mouth following the next cplarterly licensing meeting or the quarterly licensing meeting to be held next after the expiration of twenty-one days from the date of such transfer, possess all the rights of such original license and shall be subject and liable to the same duties, obligations, and penalties as if such license had been originally granted to him:
Provided that such appointee shall, at the quarterly licensing meeting, apply for an original license, and the provisions here- inbefore contained as to the giving of notices, the hearing of applications for licenses and objections thereto, and the ordering of costs to be paid shall apply to the proceedings at such meeting and to such application.

Every employment broker shall register the names of all persons who,. through him, seek employment or employees, and shall keep a book, to be called a Register Book, in one part of which the names and addresses of persons seeking employment shall be entered, together with the date of registration and the fee. if any, paid or to be paid, and in another part of which the names and addresses of persons seeking employees shall be entered, to- gether with the date of registration and the fee, if any, paid or to he paid.

Register book to 14.

be kept.

9 EDw. VII.] Eve ent B,ro e S . [1909, No. 57.

15.    Every employment broker shall deposit at the office of the List of charges

Minister, and at all times keep posted up in some conspicuous place to be posted.

in his registry office, so as to be easily read by persons using such

office, a printed copy of the scale of payment or remuneration for

the time being chargeable by and payable to such employment

broker in respect of the hiring of servants.

Every employment broker who is guilty of a breach or non- observance of this section shall be liable, on conviction, to a fine not exceeding twenty pounds.

16.    If an employment broker, or the servant or agent of an .Penalty for eharg-

employment broker, directly or indirectly, demands or receives or Thga e greater es

agre to receive, or obtains any promise to pay from any employer ance with scale.

or servant, or any other person, for or in respect of the hiring of any servant, any greater rate of payment or remuneration than the rate specified in such scale, such employment broker shall be guilty of an offence against this Act and shall, on conviction, be liable to a fine not exceeding twenty pounds.

17.    Every contract or agreement hereafter made or entered into Contract for fees

whereby any employer or servant, or any person acting for ally teasteZethtaontielmse

employer or servant, either directly or indirectly agrees to pay to void.

any employment broker or to any person acting on his behalf, in re-

spect of the hiring of any servant, any fee or other remuneration

greater than the rates of payment or remuneration specified in such

scale as aforesaid shall be null and void.

18.

Every employment broker who refers persons seeking em- ployment to other persons, with a view to engagement, shall keep

Application book

to he kept.

61 Viet., No. 24,

a book, to be called the. Application Book, in the form of the

s. 14.

Fourth Schedule hereto, containing in each column a truthful state-

Fourth Schedule.

ment of the particulars set out at the head of that column, so far as

known.

19.

Every employment broker who, on behalf of an employer, makes an engagement, absolute or contingent, with any person to

Engagement book

to be kept.

61 Viet., No. 21,

enter into employment, shall keep a book, to he called the Engage-

s. 15.

ment-Book, in the form in the Fifth Schedule hereto, containing in

Fifth Schedule.

each column a truthful statement of the particulars set out at. the

head of that eolumn, so far as known.

On the occasion of every engagement, whether absolute or eontingent, every employment broker shall deliver to each party to

Employment bro- ker, on demand,

to give transcript

the engagement. on his demand, a transcript signed by such broker

of entry.

61 Viet., No. 24,

of the entry made in the engagement book in respect of such en-

s. 16.

gagement, and such transcript and every such entry shall be free

of stamp duty.

20.

1909, No. 57.] Employ »tent Brokers. [9 Enw. VII.

Every employment broker who is guilty of a breach or non- observance of this section shall be liable, on conviction, to a fine not exceeding tell pounds.

Penalty for not	21. Every employment broker who fails to keep the books and
keeping books

and for making

make the entries therein required by -this Act, or who knowingly

false entries, etc.

makes a false entry in any such book, or delivers a false transcript

61 Viet., No. 24,

s. 17.

of an entry therein shall be liable, on conviction, to a fine not ex-

ceeding twenty pounds.

How far books to	22. (1.) The books required by this Act to be kept by an em-
be open to inspec-

tion.	ployment broker shall be open to general inspection at his place of
61 Viet., No. 24,	business, at all reasonable hours, by the Resident Magistrate or
s. IS.	Police Magistrate of the district, by any officer of police, by any police constable authorised, in writing, by such magistrate or officer, and by any justice of the peace not being himself an employ- ment broker.

(2.) Such books shall be open at the place and during the

hours aforesaid to inspection by any employer or employee, so far as regards any entry relating to him, on payment of a sum not ex- ceeding one shilling.

(3.) Every employment broker who is guilty of a breach or

non-observance of this section shall be liable, on conviction thereof,

to a fine not exceeding ten pounds.

License forfeit-	23. If, during the currency of an annual license granted under
able on more than

two convictions.

this Act, the holder of such license has been twice convicted of a

61 Viet., NO. 24,

breach or non-observance of this Act, the Resident Magistrate or

s. 19.

Police Magistrate or justices by whom such holder is afterwards, during such currency, convicted of such a breach or non-observ- ance, may order such holder to bring the license into court to be cancelled, and, after such order, the person named in the license shall no longer act as an employment broker. or as the servant or agent of an employment broker, and every such person so acting

shall, on conviction thereof, be liable to a fine not exceeding fif ty

pounds, or may be imprisoned, with or without hard labour, for

three months.

Penalty for cer-	24. Every employment broker who, by any notice, placard, or
tain untrue ad-

vertisements.	advertisement, untruthfully and wilfully announces, or otherwise
61 Viet., No. 24,	untruthfully and wilfully in any way represents
s. 20.

(a)	that he is authorised by any government or department of a government, or by any person or corporation to act in, or promote, the engagement of any person or class of persons for any employment; or
(b)	that any government or department of a government, or any corporation or person is desirous of employing any person or class of persons,

Employment Brokers. [1909, No. 57.

shall be liable, on conviction, to a fine not exceeding twenty pounds. or to imprisonment not exceeding three months, with or without hard labour.

25.    Every employment broker who knowingly, by any false Penalty for false

statement or representation, induces any servant to enter into an representation.

engagement, shall be liable, on conviction, to a fine not exceeding

fifty pounds, or to imprisonment, with or without hard labour, for

not exceeding six months.

26.    Complaints for offences against, or for failure to comply offences punish-

with any provision of this Act shall be heard and determined in a able summarily. See 61 Viet., No.

summary way before any two Justices of the Peace in petty 24, s. 21.

sessions.

27. The following fees shall be payable for things done under this Act, namely :—	Fees.
61 Viet., No. 24,
6. 22.

£ s. d.

Upon giving notice of an application for a license, to the Clerk of the Licensing Magis- trates 1 0 0

Upon the issuing or annual renewal of a

license, to the Collector of Internal Revenue

or other officer appointed as aforesaid 5 0 0

Upon the transfer of any license ... 1 0 0

Provided that if the certificate for such license is granted after the thirty first day of March the licensee shall pay only three fourths of such fee, and if granted after the thirtieth clay of June one half of such fee, and if after the thirtieth day of September one fourth of such fee.

28. (1.) The Governor may make regulations for carrying into

effect the provisions of this Act, and imposing a penalty not

exceeding twenty pounds for any breach thereof.

Regulations.

(2.) All such regulations shall be published in the "Govern- ment Gazette," and when so published shall have the force of law, and shall be judicially noticed, and shall be laid before both Houses of Parliament within fourteen days after the same shall have been made, if Parliament be then sitting, and if not, then within ten days after the next meeting of Parliament.

1909, No. 57.1 Ent pit) in t B roke 04. 19 EDW. VII.

Section 1. First Schedule.

The Employment Brokers Act, 1909.

FORM OF NOTICE OF APPLICATION FOR A LICENSE.

To the Worshipful the Licensing Magistrates acting in and for the district

of

I, A.B. [state trade or occupation] now residing at, in the town or district of , hereby give notice that 1 intend to apply at the next Licensing Meeting to be held for the first above-named district for an Em- ployment Broker's License.

I If the applicant has held such a License before, here state the fret. 'nut for hhie long and in what district or districts.'

'Signature of Applicant.]

Section it Second Schedule.

• The Employment Brokers Act, 1909.

FORM or CERTIFICATE BY LICENSING MAGISTRATES TO AUTHORISE THE

GRANTING OF A LICENSE.

Western Australia, )

to wit.

At the Quarterly Licensing Meeting for an adjournment of the Quarterly Licensing Meeting -, of the Licensing Magistrates acting in and for the district of

held at , on the day

of , 190 , We, the undersigned Licensing Magistrates, do by virtue of the powers vested in us, authorise the Collector of Internal Revenue Lor other

proper officer] to issue to A.R, of an Employment Broker's

License to endure from the date hereof until the termination of the current year.

Given under our hands this day of 190

Third Schedule,

section 13.

The Emplophent Brokers Act. 1909.

FORM OF INDORSEMENT ON A LICENSE OF A TRANSFER THEREOF.

I, the undersigned, being a Resident (or Police) Magistrate for the District

of , sitting* at , this day of

, do hereby transfer the rights and privileges of the within License to

C.D. for the residue of the term between this day addle first day of the month following the Quarterly Licensing Meeting for the said District to be held on the

day of , next.

Section 18. Fourth Schedule,

The Employment Brokers Act, 19(.9.

APPLICATION BOOK,

Names and addresses of I Nature of Wages at

Fees and by Names and address of those to whom the person employment per day or

Date. whom paid or person seeking is referred offered so far week, as the

payable. employment. for employment. as known. ease maybe.

9 Enw. VII.] Employineat Brokers. [1909, No. 57.

Fifth Schedule. Schedule 19.

The Employment Brokers Act, 1909.

ENGAGEMENT BOOK.

' Duration of Wages at

Pees and by ■ Names and address Nal110.5 and address of Nature of I employment per day or

Date whom Ina or

payable. of employee. employer. ”mploynwat. so far as veek, as the

agreed upon. ate maybe

By Authority: . Acting Government Printer, Perth.