Inspection of Scaffolding Acts Amendment Act of 1960 (9 Eliz Ii No. 35) (Qld)

ti&ucmslanfr ANNO NONO ELIZABETHAE SECUNDAE REGIME No. 35. An Act to Amend "The Inspection of Scaffolding Acts, 1915 to 1959," in certain particulars. [A ssented to 14 th D ecember , I960,] Short title. Principal Act. Collective title. E it enacted by the Queen’s Most Excellent Majesty, B 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 Inspection of Scaffolding Acts Amendment Act of 1960.” (2.) “ The Inspection of Scaffolding Acts , 1915 to 1959,” are in this Act referred to as the Principal Act. (3.) The Principal Act and this Act may be collectively cited as “ The Inspection of Scaffolding Acts , 1915 to 1960.”

1960. Inspection of Scaffolding, Etc., Act. 211 2. Section three of the Principal Act is amended ^nendmenu by— 0 8' ' (a) Inserting after the definition “ Dogman ”, the following definition:— ““Excavation work”—Includes any work in or Excavation in respect of excavating for or preparingwork* foundations for any building or other structure whatsoever, but does not include any excavation less than five feet in depth measured from the top of the excavation ; ” ; (b) Repealing the definition “ Minister ” and inserting, in lieu of that repealed definition, the following definition:— “ “ Minister ”—The Minister for Labour and Minister. Industry or other Minister of the Crown charged for the time being with the administration of this Act; ” ; (c) Adding to the definition “ Place ” the words “ and also includes any excavation work and any area, enclosed or otherwise, wherein any excavation work is being carried out ” ; (d) Repealing the definition “ Owner ” and inserting, in lieu of that repealed definition, the following definition:— “ “ Owner ”—In relation to any scaffolding, Owner, gear, explosive-powered tool or materials whatsoever set up or used or intended to be set up or used in connection with building work or excavation work, includes, but without limit to the ordinary meaning thereof, the mortgagee, hirer, lessee or borrower thereof, any overseer, foreman, agent, manager, or other person having the control, charge or management thereof, and any person who has contracted to carry out the building work or excavation work or, in the case of excavation work for or in connection with any building work, the whole of such building work and, in relation to any building work or excavation work in respect of which there is no such contractor, the person on whose behalf the building work or excavation work is being carried out; ” ; and

212 Inspection of Scaffolding, Etc., Act. 9 E liz . II. No. 35, (e) In the definition “ Scaffolding ”, inserting after the words “ building work ”, where those words appear twice, the words “ or excavation work ”. Bepeal of 3. Section seven of the Principal Act is repealed as.n7d. new and in lieu of that repealed section, the following section is inserted:— Beports t “ [7.] (I.) Every inspector shall, from time to abnedmfaildeed. time, as and in the manner required by the Chief Inspector and with such particulars and information as the Chief Inspector requires, report in writing to the Chief Inspector all inspections and examinations made by such inspector in pursuance of his powers under this Act. A copy of such report shall be filed by the inspector who made it, in the records of the office provided for the use of inspectors, at the place where he is stationed, and shall be kept in the records of such office for the time being at such place for not less than five years. Upon payment of the prescribed search fee, any such report relating to an accident to which section fifteen of this Act applies, or copy thereof shall, at the office of the Chief Inspector, or in the case of such copy at the office where it is filed and kept, or other convenient place appointed from time to time for that purpose by the Chief Inspector, be open for inspection in respect of any scaffolding, gear, explosive-powered tool or excavation work by any person who satisfies the Chief Inspector, or in the case of such copy, an inspector stationed at the place where the office in which it is filed and kept is situated, that he is a person to whom serious bodily injury was caused by the accident, or the widow or widower or personal representative of a deceased person whose death was caused by the accident, or the solicitor of any such person and, upon payment of the prescribed fee, such person shall be entitled to be furnished with a copy of, or an extract from, any report or copy which is open to inspection by him as aforesaid. Protection (2.) Neither the Chief Inspector nor any inspector of officers. shall incur any civil or criminal liability as for defamation by the publication of any defamatory matter in a report or copy, made or furnished by him by virtue of his office or in the performance of his duty as such Chief Inspector or inspector under this Act.

1960. Inspection of Scaffolding, Etc., Act. 213 Nothing in this subsection shall be taken as authorising, justifying or excusing in respect of any such report, any contravention of or failure in any respect to comply with the provisions of “ The Public Service Acts, 1922 to 1958,” and any action, investigation or other proceeding whatsoever under such Acts may be had and taken by or against the Chief Inspector or any inspector in respect of any such contravention or failure in all respects as if this subsection had not been enacted.” by— 4, Section eight of the Principal Act is amended Of 8. 8* (а) In paragraph (i.) inserting after the words “ explosive-powered tool ”, the words “ or excavation work ” ; and (б) In paragraphs (ii.) and (iv.) inserting after the words “ explosive-powered tool ”, the words “, or excavation work, or materials used in connection with excavation work ”. 5. Section nine of the Principal Act is amended by— Amendments of s. 9. (а) In the first paragraph— (i.) Inserting after the words “ explosive-powered tool ”, where firstly appearing, the words “ or excavation work ” ; (ii.) Inserting after the words “ explosive-powered tool ”, where secondly appearing, the words “ or materials used in connection with excavation work ” ; and (iii.) Inserting after the words “ explosive-powered tool ”, where thirdly appearing, the words “ or excavation work or materials used in connection with excavation work ” ; and (б) In the second paragraph— (i.) Inserting after the words “ in charge of any building work ” the words “ excavation work ” ; (ii.) Inserting after the words “ duties under this Act ” the words “ in relation to that excavation work or ” ; and (iii.) Inserting after the words “ in relation to that building work ” the words “, excavation work,”.

214 Inspection of Scaffolding, Etc., Act. 9 E liz . II. No. 35, Amendments @ Section eleven of the Principal Act is amended Of S. 11. 1 by— (а) Inserting in subsection one, after the words “ in connection therewith ”, the words “ and all materials used in connection with excavation work ” ; (б) Inserting in subsection two, after paragraph (c), the following paragraph :— “ or (d) Any materials used in connection with excavation work,” ; (c) Inserting in subsection three, after the words “ explosive-powered tool ”, wherever appearing, the words “ or any materials used in connection with excavation work ” ; and (d) Inserting in subsection five, after the words “ explosive-powered tool ”, wherever appearing, the words “ or any materials used in connection with excavation work ”. ° Afms.en1d2m. entsby_ 7•. Section twelve of the Princi * pal Act is amended (a) In subsection one, inserting after the words “ explosive-powered tool ”, wherever appearing, the words “ or any materials used in connection with excavation work ” ; and (b) In subsection three, inserting after the words “ explosive-powered tool ”, wherever appearing, the words “ or any materials used in connection with excavation work ”. Amendments 8. Section 12 a of the Principal Act is amended of 6. 12 a . |jy (a) Inserting in subsection one, after the word “ gear ”, where firstly appearing, the words “ or - materials used in connection with any excavation work ” ; ( b) Inserting in paragraphs (a) and (6) of subsection one, after the word “ gear ”, wherever appearing, the words “ materials used in connection with excavation work ”; and (c) Inserting in subsection two, after the word “ gear ”, wherever appearing, the words “ materials used in connection with excavation work ”.

1960. Inspection of Scaffolding, Etc., Act. 215 9. Section thirteen of the Principal Act is amended Amendments i ot s. 13. (a) In subsection one, inserting after the words “ building work ”, the words “ or excavation work ” ; and (b) In subsection two, inserting after the words “ building work ”, the words “ or excavation work 10. Section 13 a of the Principal Act is amended •Af?®ndmenta of 13 a . (a) In subsection one, inserting after the words “ building work ”, the words “ or excavation work ” ; and (b) In subsection two, inserting after the words “ building work ”, the words “ or excavation work ”. 11. Section fourteen of the Principal Act is Amendment amended by inserting, after the words “ explosive- ol 8‘u' powered tool ”, wherever appearing, the words “ or materials used in connection with excavation work ”. 12. Section fifteen of the Principal Act is amended ^f“ei}^m0nt by inserting, after the word “ gear ”, wherever appearing, ° 8" ‘ the words “ materials used in connection with excavation work 13. Subsection one of section sixteen of the Principal Act is amended by— of 8‘16 (1)' (а) Inserting after the word “ gear ”, where firstly appearing, the words “ or with respect to any explosive- powered tool or materials used in connection with excavation work ” ; and (б) Inserting after the word “ gear ”, where secondly appearing, the words “ materials used in connection with excavation work ”. 14. Section eighteen of the Principal Act is Amendment amended by inserting, after the word “gear”, theofs‘18’ words “ or materials used in any excavation work ”. 15. Section nineteen of the Principal Act is Amendment amended by inserting, after the word “gear”, theofs'19' words “ or materials used in any excavation work ”.

216 Inspection of Scaffolding, Etc., Act . 9 E liz . II. No. 35, Aofms.en2d0m. ent by 1in6s. erStiencgt, ionatfwteerntythoef thweoPrrdinc“ipgaelaAr c”t, is wamheernedveedr appearing, the words “ or materials used in connection with excavation work Aofmse. n2d4m. ents amen1d7e.d Sbyec—tion twenty-four of the Principal Act is (а) Inserting in subsection one— (i.) After the words “ explosive-powered tool ”, wherever appearing in the first paragraph and in the proviso to the first paragraph, the words “ or excavation work ” ; (ii.) After the words “ explosive-powered tool ”, wherever appearing in the second proviso to the first paragraph and in the last paragraph, the words “ or materials used in connection with excavation work ” ; (б) Inserting in subsection two after the words “ explosive-powered tool ”, the words “ or excavation work or materials used in connection with excavation work ” ; (c) Inserting in subsection three— (i.) After the word “ gear ”, where appearing in the first paragraph, the words “ or materials used in connection with excavation work ” ; (ii.) After the words “ building work ”, where appearing in the first and second paragraphs, the words “ excavation work,” ; (iii.) After the words “ any scaffolding ”, where appearing in the second paragraph, the words “ or, in the case of any excavation work, materials used in connection therewith ”; and (iv.) After the words “ that scaffolding ”, where appearing in the second paragraph, the words “ or those materials ”. oAfms. en2d5m( 5e) n.ts Princ1ip8a.l SAucbtsiescatimonenfdievde boyf— section twenty-five of the (a) Inserting after the words “ explosive-powered tool ”, where firstly appearing, the words “ or materials used in connection with any excavation work ” ;

9 E liz . II. No. 35, 1960. Inspection of Scaffolding, Etc., Act. 217 ( b ) Inserting after the words “ explosive-powered tool ”, where secondly appearing, the words “ or those materials ” ; and (c) Inserting after the words “ explosive-powered tool ”, where thirdly appearing, the words “ or materials ”. Act i1s 9am. eSnudbesdecbtiyoninsoenretinogf, saefctteiornth 2 e 5 w a oorfdsth“ eePxprilnocsiivpea-l o A f m s. en 2 d 5 a me (1 n ) t . powered tool ”, the words “ or materials used in connection with excavation work ”. amen2d0e.d Sbeyctioinnsetrwtienngt,y- asifxterofthtehewoPrrdinsci“ paelxpAlocstivei-s A of m s. en 2 d 6 m . ent powered tool ”, where appearing in paragraphs (i.) and (ii.), the words “ or any materials used in connection with excavation work ”. 21. Section twenty-seven of the Principal Act is Amendments amended by— of s. 27. (а) Inserting after subparagraph (vi.) of the first paragraph the following subparagraphs :— “ (vii.) Providing for, regulating and controlling the manner in which materials used in connection with excavation work shall be erected or assembled, maintained and used; (viii.) Prescribing, regulating and controlling the precautions and measures to be taken for securing the safety and health of persons engaged in building work, or excavation work, or work at or in connection with scaffolding or gear ; ” ; (б) Renumbering subparagraphs (viA.) and (vis.) of the first paragraph respectively (ix.) and (x.); (c) Inserting after subparagraph (x.) (as so renumbered by this section) of the first paragraph the following subparagraph “ (xi.) Prescribing and regulating the practice and procedure upon appeals to the Chief Inspector or a stipendiary magistrate or clerk of petty sessions against the order of an inspector, or to the Minister against the refusal by the Chief Inspector to grant, or the

218 Inspection of Scaffolding, Etc., Act. 9 E liz . II. No. 35, cancellation or suspension by the Chief Inspector of, any lioense, or upon inquiries into accidents held by direction of the Minister, including, in relation to any suoh appeal, the awarding of costs to or against the appellant and the recovery thereof by or from him ; ” ; and (d) Renumbering subparagraphs (vii.) and (viii.) of the first paragraph respectively (xii.) and (xiii.). By Authority: S. G. R eid , Government Printer, Brisbane—1960 i